EXH0596023881

PCHBPollution Control Hearings Board of the State of Washington

Pursuant to the Agreement and Order Re Rescission of 401 Certification, signed by the Board _4 on September 20, 2001, under PCHB Nos. 01-133 and 01-150, and pursuant to the Department of Ecology's rescission and reissuance of the (amended) Clean Water Act Section 401 Certification Order No. 1996-4-02325 (Amended - 1) on September 21, 2001 ("Amended Certification"), the Airport Communities Coalition hereby files its Notice of Appeal of the Amended Certification. A copy of the Amended Certification is attached to this Notice of Appeal.19 This Notice of Appeal incorporates by reference ACC's previous Notice of Appeal and accompanying exhibits and documents, filed with the Board (PCHB No. 01-133) and served on the Port and Ecology on August 23, 2001, as contemplated on page 3 of the Board's September 20 Order. In general, changes reflected in the Amended Certification reduce or eviscerate already inadequate ACC'SNOTICEOF APPEAL OF AMENDEDSECTION HELSELLFETTERMANLLP RaehaelPaschalOsbom 401 CERTIFICATION- 1 1500Puget SoundPlaza Attorneyat Law 1325FourthAvenue 2421 WestMissionAve. Seattle, WA 98]01-2509 Spokane,WA 99201 AR 023881 "protections" Provided under the original 401 Certification. ACC therefore submits the following supplemental grounds for appeal: 1. The Amended Certification was issued in violation of applicable regulations in WAC Chapter 173-225, including but not limited to WAC 173-225-030(1) (pubhc notice requirements), - 030(2) (opportunity for pubhe comment), and -030(3) (requirement for departmental determination concerning public hearing), and without opportunity for comment by the pubhc and agencies with jurisdiction. 2. The Amended Certification is invalid for failure to comply with applicable federal regulations, including but…
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