PCHB017000760

The Port of Seattle ("Port") respectfully petitions the Board to reconsider Condition 8 of its Final Findings of Fact, Conclusions of Law, and Order ("Final Order") dated August 12, 2002, and the factual findings on which it was based. Condition 8 states that: The SPLP process may not be used to authorize the importation of fill that exceeds the modified fill criteria. See Final Order at 137. I. INTRODUCTION AND SUMMARY OF ARGUMENT In its Final Order, the Board expressed five concerns regarding the use of SPLP. Three of the Board's concems -- relating to the use of SPLP to accept soil that exceeds MTCA Method A levels, to the detection limits attainable when using SPLP, and to the statistical protocol for using SPLP -- appear to be based on a mistaken interpretation of the record. All of these PORT OF SEATTLE'S PETITION FOR RECONSIDERATION BROWN REAvIS & MANNING PLLC REGARDING CONDITION 8 - PAGE 1 421 S. CAPITOLWAY,SUITE303 OLYMPIA, WASHINGTON 98501 (360) 786-5057 AR 000760 concerns were adopted from ACC and CASE's (hereafter, "ACC") proposed findings of fact. However, ACC's proposed findings lack any evidentiary support on these points and instead reflect a misunderstanding or distortion of the record. The Board should modify its findings to correct those three errors. The remaining two concerns can be addressed more appropriately by further conditioning the Port's use of SPLP, rather than by prohibiting it altogether. Therefore, the Port respectfully requests that the Board revise its Final Order so that the Port…

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PSCAA Advisory Council Meeting Agenda
Add to CalendarMWednesday Mar 11, 9:00am - 11:35am
1904 3rd Avenue, Suite 105, Seattle, WA 98101
Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]