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EXH AR023624: Roger Nye to Kathy Gerla — Ruling Request, Reinstatement Prepaid Position STIA

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A 1999 memo from Washington State Department of Ecology staff member Roger Nye to Assistant Attorney General Kathy Gerla raises legal questions about reinstating a full-time 'prepaid' regulatory position at Sea-Tac Airport, funded by the Port of Seattle. The memo outlines the history of the position from 1992–1996, noting it was cancelled due to the lack of a signed Agreed Order, and describes public concerns that the arrangement gave the Port undue influence over Ecology. Key issues flagged include whether the prepaid role can legally extend beyond the scope of an Agreed Order, whether a new Interagency Agreement is needed, and whether reinstatement would require a public comment period likely to draw strong opposition.

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Memo dated March 11, 1999 from Roger Nye (Toxics Cleanup Program, NWRO) to Kathy Gerla (Assistant Attorney General), through Steve Alexander, requesting a legal ruling on reinstating a full-time prepaid position at Sea-Tac Airport for the Port of Seattle. Covers history of the prepaid position (1992–August 1996), Linda Priddy’s predecessor role, failed Agreed Orders with United, Continental, and Northwest Airlines, the ‘gorilla in the closet’ regulatory presence role, the Prepaid Position Policy, the Interagency Agreement, the groundwater model Agreed Order, public comments objecting to Ecology’s prepaid arrangement, and Model Toxics Control Act (MTCA) / Voluntary Cleanup Program issues. Raises legal questions about use of prepaid position outside an Agreed Order, need for a new Interagency Agreement, and whether a reinstated prepaid position must go out for public comment. AR 023624–AR 023625.

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