EXH0530023614

PCHBPollution Control Hearings Board of the State of Washington

, Re: Lack of Enforcement of Agreed Order #97TC-N122 between _ Ecology and the Port of Seattle and its Implications for 401 Certification Dear Messrs. White and Pendowski: We represent the Airport Communities Coalition ("ACC") whose members are the Cities of Burien, Des Moines, Federal Way, Normandy Park and Tukwila as well as the Hightine School District. We are writing to object to the Port of Seattle's failure to comply with Ecology's May 25, 1999 Agreed Order and to request that Ecology take immediate enforcement action against the Port pursuant to RCW 70.105D.050(1) to compel compliance. ACC further requests that Ecology not issue any decision on the Port's 401 application until the Port has fully complied with the Order. In addition, ACC requests that Ecology immediately ask the State Auditor to audit the Port's expenditure of funds granted to the Port bv Ecology for purposes of performing the studies required by the Agreed Order. As stated in the Agreed Order, known hazardous substances exist in the soil and groundwater in the Airport Operations and Maintenance Area ("AOMA"} at the Airport. "The primary cause of soil and groundwater contamination [at the Airport] has been leakage from underground storage tanks and associated underground piping." The Order requires the Port to (1) conduct a groundwater study, (2) model contaminant fate and transport and (3} confirm model results by obtaining and analyzing groundwater samples. The stated purpose of the study and modeling is to - determine whether the aquifer downgradient from the Airport "has…
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