November 15, 2001August 2, 2026

PCHB Doc AR006187: ACC v. Ecology and Port Of Seattle — Supplemental Stipulation Regarding Proposed Statement of Legal Issues

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Supplemental Stipulation filed in PCHB No. 01-160, Airport Communities Coalition (ACC) v. State of Washington Department of Ecology and Port Of Seattle. Filed November 15, 2001, received by the Pollution Control Hearings Board November 16, 2001. Documents 21 agreed proposed legal issues for the Board’s consideration, covering Clean Water Act Section 401 certification for the Third Runway Project at Sea-Tac Airport, including reasonable assurance requirements, stormwater impacts, low flow impacts, NPDES permits, mixing zones, MSE wall and embankment failure, wetland fill, stream alteration, Gilliam Creek water quality, MTCA Agreed Order (Ecology Order No. 97TC-N122), SEPA compliance, Coastal Zone Management Act consistency certification, and public notice/agency comment procedures. Prepared by Helsell Fetterman LLP and Rachael Paschal Osborn.

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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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