EXH AR021073: Declaration Greg Wingard Supporting ACC Motion for Stay PCHB 01-133 01-160

This legal declaration, filed before Washington State's Pollution Control Hearings Board, was submitted by environmental consultant Greg Wingard in support of the Airport Communities Coalition's motion to stay a Section 401 water quality certification related to Sea-Tac International Airport. Wingard details his extensive review of the airport's NPDES stormwater permits since 1994 and describes his attempts to obtain construction outfall monitoring records from the Department of Ecology through Public Disclosure Act requests. His investigation found that Ecology lacked key monitoring data it had previously claimed to possess, directing him instead to contact the Port of Seattle directly for the records.

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Declaration of Greg Wingard filed in support of ACC’s Motion for Stay before the Pollution Control Hearings Board (PCHB Case Nos. 01-133 and 01-160), challenging Section 401 Certification No. 1996-4-02325 and CZMA concurrency statement issued August 10, 2001 and reissued September 21, 2001 for Sea-Tac Airport third runway construction. Wingard, Executive Director of Waste Action Project and environmental consultant to ACC, CASE, and City of Des Moines, details Public Disclosure Act records requests to Ecology seeking NPDES construction outfall monitoring data, upstream/downstream monitoring records for each construction phase, and Discharge Monitoring Reports (April–August 2001). Ecology Water Quality Section Supervisor John Drabek confirmed Ecology held no records of construction outfall monitoring or upstream/downstream monitoring for Sea-Tac construction phases, directing Wingard to contact Tom Hubbard at Port Of Seattle. Wingard argues Ecology made false claims in the NPDES Permit Modification Responsiveness Summary (Fendt Decl., Ex. G). One exception: monitoring data for Walker Creek and/or Gilliam Creek construction outfalls provided to Ecology July 2001. Exhibit identifier AR021073.

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