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Exhibit 217: Declaration of Kevin Fitzpatrick — Water Quality, NPDES, and 401 Certification for STIA Third Runway (PCHB No. 01-133)

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Sea-Tac Airport
Third Runway
PCHB
Box 08

In this 2001 legal declaration, Washington Department of Ecology official Kevin Fitzpatrick addresses water quality concerns raised by the Airport Communities Coalition regarding stormwater discharges from Seattle-Tacoma International Airport during its Third Runway expansion. Fitzpatrick explains that while stormwater discharges have shown elevated levels of copper, lead, and zinc, these instantaneous exceedances do not necessarily constitute violations of state water quality standards, since stormwater fluctuates rapidly by nature. He further outlines steps the Port of Seattle was taking to address pollution, including rerouting de-icing runoff, replacing zinc-emitting metal roofs, and conducting required studies to establish specific effluent limits under the Clean Water Act 401 Certification.

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Declaration of Kevin Fitzpatrick, Section Manager at Washington Department of Ecology (Ecology) Northwest Regional Office, Water Quality Program, filed in PCHB No. 01-133, Airport Communities Coalition (ACC) v. Ecology and Port Of Seattle. Fitzpatrick addresses ACC’s claims that Port Of Seattle stormwater discharges from Seattle-Tacoma International Airport (STIA) violate state water quality standards for copper, lead, and zinc. Declaration explains that instantaneous exceedences of numeric criteria do not constitute violations under WAC 173-201A; discusses NPDES permit requirements, best management practices (BMPs), source control studies including zinc from metal roofs and de-icing agent fate-and-transport study, re-routing of de-icing runoff to the Port’s Industrial Wastewater System, and the Stormwater Management Plan (SMP) retrofit. Also addresses Clean Water Act Section 401 Certification condition requiring a Water Effects Ratio Study (WERS) before discharge from new pollution-generating impervious surfaces, and refutes ACC’s claim that the 401 Certification authorizes a mixing zone in violation of WAC 173-201A-100 and WAC 173-201A-110(3). AR 018798–018800.

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