EXH0204018546

PCHBPollution Control Hearings Board of the State of Washington

Left a msg. for Ann K. re: Sen. Patterson's letter request that I review NPDES permit. Ann called back -- 1said would likely respond, and would refer primarily to my earlier letter to the Sen (1/21/01) and my January deposition on the general stormwater permit appeal rather than go into great detail on the particulars of the NPDES permit, but might also look at particulars of the permit from the perspective of how it relates to 401 requirements. We talked about the issue of whether the construction BMPs in the permit were adequate for purposes of 401, given the history of their use elsewhere resulting in non-compliance with water quality standards. I said in such a situation, the 401 should notch up to require BMPs that are proven to result in compliance, and that the adaptive approach used in NPDES permitting may not be adequate. I would want to see documentation of the BMPs being used in a similar situation and resulting in compliance. She said this permit modification was pretty much limited to the construction aspects, but that Ecology had informed the Port that the next go-around would require significant notching up of requirements (and that the Port was not happy to hear that). Also, Ann was concerned about my continued involvement in the project, and we talked some about my role -- I said I wanted to provide a respectful response to Sen. Patterson, and that my main interest was not n.ecessarily Ecology' s, SeaTac's or the ACC's…
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