March 7, 2002August 2, 2026

PCHB Doc 002914: Direct Testimony of Ann Kenny on Behalf of Ecology — PCHB No. 01-160 (ACC and CASE v. Ecology and Port Of Seattle)

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Direct testimony of Ann Kenny, Environmental Planner 4 at Washington Department of Ecology Northwest Regional Office (NWRO), submitted to the Pollution Control Hearings Board (PCHB) in case No. 01-160. Covers Ecology’s review of Port Of Seattle’s Sea-Tac International Airport (STIA) Master Plan Update Improvements under Clean Water Act Section 401 Certification and Coastal Zone Management Act (CZMA) Consistency Concurrence. Details the history of Joint Aquatic Resources Permit Applications (JARPA) filed December 1997, September 1999, and October 25, 2000; the August 10, 2001 and September 21, 2001 401 Certifications; wetlands impacts; stormwater management; NPDES permit compliance; MTCA Agreed Order; embankment fill seepage; groundwater; and dam safety. Appellants are Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE).

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As the source for federal transportation grants, the Puget Sound Regional Council was charged with developing a system to meet the growing need for commercial aviation. When the search for a second airport failed, they authorized the Port of Seattle to build the Third Runway, with a mandate to develop a noise abatement and mitigation program. In their effort to stop the Third Runway, the ACC argued over every detail of the Port's efforts--including property buyouts and sound insulation. The dispute was meant to be settled by a three member Expert Arbitration Panel. This is their final report. It finds 2-1, that the Port's program was insufficient in several respects. Despite that, funding for the Third Runway was approved by the PSRC, and the 'Port Package' program, proceeded largely unchanged. Expert Arbitration Panel's final decision finding that the Port of Seattle had not shown sufficient reduction in real on-the-ground noise impacts to satisfy noise reduction conditions required for approval of a third runway at Sea-Tac International Airport. The majority decision concluded the Port's noise abatement programs were insufficient despite being impressive in scope.

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