October 21, 2002August 2, 2026

EXH AR015589: Direct Testimony of Kevin Fitzpatrick on Behalf of Ecology — PCHB No. 01-160 (ACC v. Ecology and Port Of Seattle)

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Direct testimony of Kevin Fitzpatrick, Section Manager of the Northwest Regional Office Water Quality Section, Washington State Department of Ecology, submitted before the Pollution Control Hearings Board (PCHB) in case No. 01-160. Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) are appellants; State of Washington Department of Ecology and Port Of Seattle are respondents. Fitzpatrick details his qualifications including BS Biology Loyola University of Chicago, MA Zoology Southern Illinois University, U.S. Coast Guard commission, and 15+ years at Ecology. He describes his role managing 38 staff covering NPDES permits, stormwater, TMDLs, and Water Quality Standards, and his direct involvement since September 1999 in the Third Runway Project Clean Water Act Section 401 Certification, NPDES permit, and acceptable fill criteria. AR015589–AR015591.

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As the source for federal transportation grants, the Puget Sound Regional Council was charged with developing a system to meet the growing need for commercial aviation. When the search for a second airport failed, they authorized the Port of Seattle to build the Third Runway, with a mandate to develop a noise abatement and mitigation program. In their effort to stop the Third Runway, the ACC argued over every detail of the Port's efforts--including property buyouts and sound insulation. The dispute was meant to be settled by a three member Expert Arbitration Panel. This is their final report. It finds 2-1, that the Port's program was insufficient in several respects. Despite that, funding for the Third Runway was approved by the PSRC, and the 'Port Package' program, proceeded largely unchanged. Expert Arbitration Panel's final decision finding that the Port of Seattle had not shown sufficient reduction in real on-the-ground noise impacts to satisfy noise reduction conditions required for approval of a third runway at Sea-Tac International Airport. The majority decision concluded the Port's noise abatement programs were insufficient despite being impressive in scope.

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