Notes
Airport Communities Coalition (ACC) notice of appeal filed with the Pollution Control Hearings Board (PCHB), Washington State, appealing the Department of Ecology’s reissued/amended Clean Water Act Section 401 Certification Order No. 1996-4-02325 (Amended-1), issued September 21, 2001, concerning Port Of Seattle third runway construction at Seattle-Tacoma International Airport (STIA). ACC incorporates its prior PCHB No. 01-133 appeal (filed August 23, 2001) and raises nine supplemental grounds: violation of WAC 173-225-030(1)(2)(3) public notice and comment requirements; noncompliance with 40 C.F.R. §121.2(a)3 and §121.2(b); improper limitation to ‘Port 404 projects’; failure to address direct/indirect, short/long-term, upstream/downstream, construction/operation impacts under Clean Water Act Section 401; violation of WAC 173-201A-160(3)(a)(b) water quality criteria; NPDES permit supersession clause; elimination of pre-construction hydrologic monitoring; reduction of fill acceptance conditions (Condition E, pp. 14-19); and weakened wetlands buffering protections. Respondents are Department of Ecology and Port Of Seattle. Board order re rescission signed September 20, 2001 under PCHB Nos. 01-133 and 01-150. Counsel: Helsell Fetterman LLP and Rachael Paschal Osborn.