EXH0533023624

PCHBPollution Control Hearings Board of the State of Washington

Northwest Regional Office, 3190- 160th Ave S.E. • Bellevue, Washinglon 98008.5452 • (425] 649.7000 March 11, 1999 TO: Kathy Gerla Assistant Attorney General THRU: Steve Alexander Section Head, Toxics Cleanup Program, NWRO FROM: RogerNye SUBJECT: Request for Ruling . The Port of Seattle has requested that a full-time prepaid position (me) be reinstated for Sea-Tat Airport. Given issues that have been associated with the prepaid position for the airport in the past and also some new issues, I think there needs to be consideration of - reinstating that position from a legal perspective. There was a prepaid position for Sea-Tac Airport from about 1992 through August 1996. No Consent Decree or Agreed Order with the Port and/or tenants at the airport was consummated during that time. My predecessor in the prepaid position for the airport, Linda Priddy, attempted to put some sites at the airport under Agreed Orders, but she eventually left Ecology when relations between her and the Port deteriorated during the process. The PLP's for the sites Linda tried to put under Orders (United, Continental, and Northwest Airlines) subsequently promised to be more aggressive in pursuing independent cleanup actions if Ecology would not put them under formal Orders. That was the situation when I became the prepaid for the airport in February 1994. My role as a prepaid evolved into that of providing a constant regulatory "presence" and proactive technical assistance concerning the many independent cleanup actions that were underway at the airport (Mike Gallagher called it the…
V V