EXH0539023653

PCHBPollution Control Hearings Board of the State of Washington

Sent: Friday, September 11, 1998 2:42 PM To: Barrett, Tony; Luster, Tom Cc: Hegy, Terra Subject: RE: Stormwater Meeting 10/17 Tony - I have reviewed the agenda for the meeting. I am hoping you wilt reconsider your recommendation to table the 401 discussion until another meeting. Until recently we had been assuming when issuing the 401 permit with stormwater approval, that the BMPs were adequate to meet the Standards. When the SeaTac project came up, and the stormwater program told us that the BMPs are not adequate for meeting the standards, we requested advice from the AGs office who have informed us that we can not issue 401 permits if the stormwater BMPs are not adequate to meet the Water Quality Standards at the discharge point. This is a very urgent issue for us since it affects most of our permit decisions. Since this reading from the AGs, we have been trying to figure out what to do with 401 permits when stormwater issues arise, and were hoping to resolve these issues at this meeting. The SEA Program Management has asked us to resolve this problem, and we have informed them that this meeting would be the place for this discussion since all of the right people are there. I think you are right that it is a very big issue, and may take additional meetings, but it would be good to raise the issue and concerns that we have under 401 to at least start the dialog. Tom Luster…
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