EXH0099017832

PCHBPollution Control Hearings Board of the State of Washington

• We believe the 401 Certification is clear. The Port should not be surprised by the f/_ conditions as they were discussed prior to issuance of our decision at one point or another i.e., when pushed to issue the 401, we discussed the types of conditions that would be necessary, and the Port indicated it understood • Essentially the Port got what it wanted given the time constraints. Now it wants us to build back in more certainty after the fact • We have not been/are not being unreasonable. Our processing of the NPDES major modification is evidence to this - we can work with the Port on its needs, and accomplish our objectives at the same time More specific responses to the Port's concerns: • Typo changes in the 401 etc. are OK - any substantive changes/amendments to wording of the 401 starts a new appeal period. We would need to rescind the 401 and start over if agree to substantive changes • Regarding the idea permit is "open-ended". We can provide some level of comfort with the conditions, but we can't (should not) change them. We should not make our commitment to provide clarity in writing however, only verbally during the appeal period. We can write a letter explaining essence of range of possibilities later. • But - fu'stwe should ask the Port to put into writing whai is unclear. (The Port • should be very thoughtful regarding what it puts into writing.) We can respond more effectively…
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