EXH0803028387

629 Woodland Square Loop SE 4th Floor • Lacey WA 98503 Mailing Address: PO Box 40117 • OIy'rnpia WA 98504-0117 September I0, 1998 L Tayloe Washburn FOSTER PEPPER & SttEFELMAN" 1111 ThirdAvenue, Suite 3400 Seattle, WA 98101-3299 RE: Request for Clarification; Ecology'= Order No. 96-4-02325 Dear Tayloe: Overthelastfewweeks,theDepartmentofEcologyhasreviewedyourmemorandum - datedAugustIf,1998,inwhichyourequestedclarificationandminorrevisionstoEcology's certificationfortheairportimprovements.Ourresponsestoyourstatementsoneachofthe conditionsaresetforthbelow.We haveattemptedtobeasspecificaspossible,however,there areinstanceswherewe askthatyouclarifyyourstatementsorsuggestedrevisions. Your August 11 memorandum raises two primaryissues. First,the State and the Port simply have differentperspectivesas to the requirementsof the Feder# WaterPollutionControl • Act (Clean Water Act) for stormwater discharges. It appears by your commentsthat the Port believes it is subjectto implementingBest ManagememPractices (BMPs)to comply withfederal and state law. It is the State's position, however, that § 401 requiresthat a project not violate waterqualitystandards,andthatBMPs arerecognizedasmerelythemechanismtomeetthose standards. If'the BMPsare not sufficient to meet thewater quality standards, then the project simply cannot go forwardwithout being in violation of§ 401. Ecology is interested in continuing to work with the Port in developing the treatment necessaryfor the airport to meet water quality standards. Thesecondprimaryissueiswhetherthe401certificationcanplaceconditionsonthe entire Sea-Tac Airportoperation and not just simplyon the operation of the third runway. There are several reasons why Ecology befieves it should and must condition the 401 to ensurethatthe stormwater dischargesfrom the entire airportmeet the water quality standards. The bottom line is that Sea-Tac Airportshould not and cannot be operated in violation of the water quality laws. With theredevelopmentof the airport under the Master Plan update, which includesconstruction _ of the third runway, Ecology believes that there is not only a factual but a legal basis…

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PSCAA Advisory Council Meeting Agenda
Add to CalendarMWednesday Mar 11, 9:00am - 11:35am
1904 3rd Avenue, Suite 105, Seattle, WA 98101
Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]