PCHB281007782

PCHBPollution Control Hearings Board of the State of Washington

v. ) OF ITS MOTION FOR A STAY ) DEPARTMENT OF ECOLOGY and ) (Section 401 Permit No. 1996-4-02325,7 THE PORT OF SEATTLE, ) Issued August 10, 2001) ) Respondents. ) ) "Many of the same problems that prompted Ecology to inform the Port it would have to deny the previous 401 application have still not been resolved. As a result, the August 2001 401 certification is not based upon reasonable assurance that water quality standards will be met, and, in fact, the decision is likely to result in water quality standards being violated."14 _5 Thomas R. Luster Declaration, ¶ 16, September 10, 2001. Helsell Fetterman LLP Kevin L. Stock, WSBA #14541 Peter J. Eglick, WSBA #8809 Michael P. Witek, WSBA #26598 1500Puget Sound Plaza 1325 Fourth Avenue Seattle, WA 98101-2509 (206) 292-1144 Rachael Paschal Osborn, WSBA 21618 2421 W. Mission Avenue Spokane, WA 99201 (509) 328-1087 Attorneys for Appellants25 ORIGINAL I. INTRODUCTION Appellant Airport Communities Coalition ("ACC"), composed of the Cities of Burien, Des Moines, Federal Way, Normandy Park and Tukwila and the Highline School District, respectfully requests that the Pollution Control Hearings Board (the "Board") enter an order pursuant to RCW
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