May 22, 2002August 2, 2026

PCHB Doc 01-160: Respondents’ Proposed Findings of Fact and Conclusions of Law — Ecology and Port Of Seattle v. ACC and CASE

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Respondents’ Proposed Findings of Fact and Conclusions of Law filed by Washington Department of Ecology and Port Of Seattle in PCHB Case No. 01-160, received May 22, 2002. Document addresses appeal by Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) of the §401 Clean Water Act Certification (33 U.S.C. §1341) issued by Ecology on September 21, 2001 for the Sea-Tac Airport Master Plan Update (MPU), including construction of a third runway at Seattle-Tacoma International Airport (STIA). Issues cover water quality and stormwater, low flow, water rights, fill criteria, embankment and MSE (Mechanically Stabilized Earth) wall, groundwater and wetlands, monitoring, public process/notice, and Coastal Zone Management Act. Hearing held March 18–29, 2002 before Pollution Control Hearings Board (PCHB). Filed under AR 001028–001030.

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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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