EXH0610024298

PCHBPollution Control Hearings Board of the State of Washington

Re: File No. 1999-4-02325, Seattle, Port of File No. 1996-4-02325, Seattle, Port of Greetings: The following comments are submitted to the Army Corps of Engineers (Corps) on behalf of Citizens Against Seatae Expansion (CASE). CASE believes that granting the Port of Seattle (Port) a permit under section 404 of the Clean Water Act (CWA) for the above-referenced application, as revised, would be contrary to the public interest, impermissible under the controlling federal regulations, and arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Most specifically, as discussed below, the proposed activity, as revised, cannot be permitted because it would cause or contribute to violations of State water quality standards. See, 40 CFR 230.10(b)(1). In addition, the proposed activity, as revised, cannot be permitted because it would result in the violation of toxic effluent standards for copper and zinc. See, 40 CFR 230.10(b)(2), and WAC 173-201A-040. Further, the proposed activity, as revised, cannot be permitted because it would cause or contribute to significant degradation of the waters of the United States. See, 40 CFR 230.10(e). As required by the Corps' own regulations, "a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1) guidelines." See, 33 CFR 320.4(a)(1). And "[i]n evaluating whether a particular discharge activity should be permitted, the district engineer shall apply the section 404(b)(1 ) guidelines (40 CFR part 230.10(a) (1), (2), (3))." 33 CFR 320.4(b)(4). The Corps Must Consider the…
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