October 1, 2001August 2, 2026

PCHB Doc 01-133: Declaration of Kevin Fitzpatrick — Ecology Response to ACC Stay Motion on Water Quality

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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. State of Washington Department of Ecology and Port Of Seattle. Fitzpatrick addresses ACC’s contentions that Port Of Seattle stormwater discharges from SeaTac International Airport (STIA) violate state water quality standards for copper, lead, and zinc. Declares that instantaneous exceedences of numeric criteria do not constitute violations under WAC 173-201A; discusses NPDES permit requirements, best management practices (BMPs), Water Effects Ratio Study (WERS), fate and transport study of de-icing agents, zinc from metal roofs, Stormwater Management Plan (SMP) for STIA Master Plan Update Projects, and Clean Water Act Section 401 Certification conditions including WAC 173-201A-110(3) turbidity mixing zone provisions. AR 007683–007685.

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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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