2004 Pos V PCHB Op 1

PORT OF SEATTLE, a port district ) of the State of Washington, ) Petitioner, ) ) No. 73419-4 v. ) THE POLLUTION CONTROL HEARINGS ) BOARD, an agency of the State of Washington, ) EN BANC Respondent, ) ) Filed May 14, 2004 ) AIRPORT COMMUNITIES COALITION; ) CITIZENS AGAINST SEATAC EXPANSION; ) and STATE OF WASHINGTON, DEPARTMENT ) OF ECOLOGY, an agency of the State of ) Washington, ) Respondents/Cross-Petitioners ) BRIDGE, J.--Construction of the third runway at the Seattle-Tacoma International Airport (SeaTac) will require placing fill into area wetlands. Before the Army Corps of Engineers may issue a permit to fill wetlands, the project proponent must obtain certification from the State, pursuant to sec. 401 of the Clean Water Act (33 U.S.C. sec. 1341), stating that there is reasonable assurance that the project will not violate applicable state water quality standards. On September 21, 2001, the Washington State Department of Ecology issued a sec. 401 water quality certification to the Port of Seattle (Port) for the third runway project. The Airport Communities Coalition (ACC) appealed the certification to the Pollution Control Hearings Board (PCHB). After a lengthy hearing, the PCHB affirmed the certification but added 16 new conditions it deemed necessary for reasonable assurance that state water quality standards would be met. All parties appealed and this court accepted direct review of the PCHB decision. We conclude that there is reasonable assurance that the third runway project will not violate state water quality standards. We uphold some of…

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