EXH AR023614: ACC Letter to Ecology – No Enforcement Agreed Order #97TC-N122, 401 Certification Implications

A March 9, 2001 letter from law firm Helsell Fetterman, representing the Airport Communities Coalition (cities of Burien, Des Moines, Federal Way, Normandy Park, Tukwila, and the Highline School District), demands that Washington State Department of Ecology enforce a 1999 Agreed Order requiring the Port of Seattle to complete groundwater contamination studies at Sea-Tac Airport. The coalition argues that the Port has failed to finish required groundwater flow and contaminant transport studies — originally due December 1999 — and that Ecology cannot legally certify the third runway project under the Clean Water Act without this data. The letter also requests a State Auditor review of how the Port spent grant money provided by Ecology to fund those studies.

Notes

Letter dated March 9, 2001 from Helsell Fetterman attorneys Peter J. Eglick and Kevin L. Stock, representing the Airport Communities Coalition (ACC), to Gordon White (Shorelands and Environmental Assistance Program) and Jim Pendowski (Toxic Cleanup Program) at the Washington Department of Ecology. ACC objects to Port Of Seattle’s failure to comply with Ecology’s May 25, 1999 Agreed Order #97TC-N122 requiring groundwater study, contaminant fate and transport modeling, and groundwater sampling in the Airport Operations and Maintenance Area (AOMA) at Sea-Tac Airport. Letter requests enforcement action under RCW 70.105D.050(1), requests Ecology withhold 401 certification decision for the Third Runway project until Port complies, and requests State Auditor audit under RCW 43.09.055 of Port’s expenditure of Ecology grant funds. Cites MTCA, Clean Water Act, hazardous substances in shallow Qva aquifer, groundwater flow toward Miller Creek, Walker Creek, Des Moines Creek, and public drinking water supply wells. References Associated Earth Sciences Inc. preliminary studies, October 4, 2000 conceptual groundwater model, Mic Dinsmore, Ray Hellwig, and a $6 billion Port expansion project.

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