Notes
Airport Communities Coalition (ACC) motion for summary judgment filed January 4, 2002 before the Pollution Control Hearings Board (PCHB), Case No. 01-160, arguing that Ecology’s Section 401 Certification for the Port Of Seattle Third Runway project (Sea-Tac Airport Master Plan Update) should be invalidated because the Port lacks a water right to implement low flow mitigation for Des Moines, Miller, and Walker Creeks. The motion addresses Stipulated Issue No. 9(a): whether a water right is required for stormwater detention structures used to augment streamflow, and whether Ecology had reasonable assurance that § 401 and applicable water quality standards (WAC 371-08-450, WAC 371-08-300, CR 56) would not be violated absent such a water right. Respondents are State of Washington Department of Ecology and Port Of Seattle; intervenor is Citizens Against Sea-Tac Expansion (CASE). Filed by Helsell Fetterman LLP and Rachael Paschal Osborn.