Notes
Fax cover sheet and two-page letter dated September 7, 2000 from Richard A. Poulin of Smith & Lowney, P.L.L.C. to Raymond Hellwig (Director, NW Regional Office, Washington Department of Ecology) and Tom Luster (Permit Coordination Unit, Ecology), on behalf of Citizens Against Seatac Expansion (CASE) and Waste Action Project (WAP). Letter transmits a 60-day Notice of Intent to File Suit under the Clean Water Act against Port Of Seattle for 75 documented violations of Washington State water quality standards for copper, lead, and zinc in stormwater discharges from Sea-Tac Airport, based on the Port’s 1999 Annual Stormwater Monitoring Report. Argues Ecology cannot legally issue a Section 401 water quality certification for the proposed Third Runway because receiving waters Miller Creek and Des Moines Creek already exceed state water quality criteria for toxic pollutants under WAC 173-201A-040 and 40 CFR 230.10(b)(1)-(2). Documents an 89% failure rate (75 of 84 possible tests) for NPDES permit compliance. AR 018039.