EXH AR023721: ACC Counsel to Ecology — Lack of PDA Document Production, STIA Third Runway 401 Certification Review

A July 18, 2001 letter from Helsell Fetterman law firm to the Washington State Department of Ecology complains that the Airport Communities Coalition (ACC), representing over 150,000 residents near Sea-Tac Airport, had not received any Public Disclosure Act documents from Ecology's Northwest Regional Office for over a month during the critical review of the Sea-Tac Third Runway project. The letter specifically highlights that a key contaminants pathways analysis dated June 19, 2001 was withheld for weeks, preventing ACC's independent scientific experts from providing timely comments on potential environmental and contamination risks. The attorneys urge Ecology to halt issuing a Section 401 water quality certification decision until the document disclosure cutoff is reversed and ACC's scientists have had a fair opportunity to review and respond to the Port's latest submissions.

Notes

Letter dated July 18, 2001, from attorney Kevin L. Stock of Helsell Fetterman on behalf of Airport Communities Coalition (ACC) to Gordon White, Program Director, Shorelands and Environmental Assistance Program, Department of Ecology (Ecology). Alleges that Ecology’s Northwest Regional Office (NWRO) has failed to produce Public Disclosure Act (PDA) documents to ACC for over a month despite weekly PDA requests and weekly follow-up inquiries to records clerk Sally Perkins, in the context of the Sea-Tac Airport third runway Section 401 water quality certification review. Specific example cited: contaminants pathways analysis Technical Memorandum dated May 20, 2001 (with Ecology edits May 30, 2001) was superseded by Port of Seattle materials dated June 19, 2001; ACC expert Mark Varljen of SCS Engineers was relying on outdated information. References email exchanges with Ching-Pi Wang and Ann Kenny. Also challenges Ecology’s reliance on ACC’s ‘standing’ PDA request to justify limited disclosure in NPDES Permit No. WA-002465-1 Responsiveness Summary. Requests Ecology refrain from issuing 401 certification decision until PDA production is restored.

V V