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Declaration by Dr. Peter Willing (Ph.D.) filed October 10, 2001, in support of Airport Communities Coalition (ACC) sur-reply on motion for stay before the Washington Environmental Pollution Control Hearings Board (PCHB), Case Nos. 01-133 and 01-160. Challenges Port Of Seattle’s Section 401 Certification No. 1996-4-02325 and CZMA concurrency statement (issued August 10, 2001, reissued September 21, 2001). Argues that ‘extent practicable’ standard for stormwater retrofitting at Sea-Tac Airport does not meet AKART requirements or King County Basic Water Quality Menu, and fails to provide reasonable assurance water quality standards will not be violated. Criticizes Table 7-8 of the Stormwater Master Plan listing four BMPs — filter strips, bioswales, wetvaults, and diversion to industrial waste system (IWS) — as insufficient. Filed by Helsell Fetterman LLP and Rachael Paschal Osborn on behalf of ACC.

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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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