PCHB050002106

On March 19, 2002, at 1:00 p.m., during the hearing on the merits, the Board entered its ruling on appellant ACC's Motion In Limine to Exclude Late-Produced Plans and Reports. Kaleen Cottingham presided for the Board. The parties were represented by Kevin Stock and Michael Witek (for ACC), Rick Poulin (for CASE), Gillis Reavis (for the Port) and JeffKray (for Ecology). Kim Otis provided court-reporting services. The following reflects the decisions made after hearing from all parties: RULING ON MOTION TO EXCLUDE LATE-PRODUCED PLANS The Board denies ACC's Motion In Limine to Exclude Late-Produced Plans and Reports. This ruling is based on the Board's pre-hearing order which set tight time lines for the production of plans and reports "prepared or expected to be prepared pursuant to the §401 certification." PCHB No. 01-160 1 ORDER DENYING APPELLANT'S MOTION TO EXCLUDE LATE-PRODUCED PLANS AR 002106 The operative intent of the pre-hearing order, as evidenced by the transcript of the hearing, was to prevent the late presentation of those formal aspects of the §401 conditions. None of the 17 items identified by ACC were prepared pursuant to the §401 certification so these items will not be excluded. ORDER The Board DENIES ACC's Motion In Limine to Exclude Late-Produced Plans and Reports. SO ORDERED this i ayof /_/_ i'L_[:_ .,2002. POLLUTION CONTROL HEARINGS BOARD ! /" / I' i/ t_" /, r_ t ,,,_l-,--t'_/ / ___O._-. _,_ IO_EEN COTTIN_'I_.&M, Presiding L_) PCHB No. 01-160 2 ORDER DENYING APPELLANT'S MOTION TO EXCLUDE LATE-PRODUCED PLANS AR…

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Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]