April 4, 2002August 2, 2026

EXH AR028411: Summary Statement for Deposition Publication — John Drabek, ACC & CASE v. Ecology & Port Of Seattle, PCHB No. 01-160

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Summary Statement for Deposition Publication submitted by ACC and CASE in ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160, pursuant to Order Granting Appellant’s Motion to Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses dated March 19, 2002. Deponent John Drabek, supervisor of the Industrial Permit and Stormwater Unit in Ecology’s Northwest Regional Office, deposed December 14, 2001. Designated CR 30(b)(6) witness on Water Quality (Stormwater and stormwater mitigation). Offered to prove lack of reasonable assurance for Section 401 certification with respect to water quality, fill, and low flow. Drabek cited by 401 signator Gordon White as providing basis for reasonable assurance regarding Port of Seattle NPDES permit. Received by Environmental Hearings Office April 4, 2002. Lists specific deposition excerpts from pages 1–125.

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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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