PCHB080002508

PCHBPollution Control Hearings Board of the State of Washington

The hearing in this matter regards the Airport Communities Coalition's and Citizens Against Sea-Tat Expansion's (collectively ACC) appeal of the Department of Ecology's (Ecology) Order No. 1996-4-023525 (the 401 Certification), l which constituted a Clean Water Act (CWA) § 401 Certification, an RCW 90.48 Order, and a Coastal Zone Management Act (CZMA) Consistency Concurrence determination for the Port of Seattle's (Port) proposed Ecology initially issued Order No. 1996-4-02325 on August 10, 2001. Ecology subsequently rescinded that order and issued Order No. 1996-4-02325 (Amended-I) on September 21, 2001. Those orders will be collectively referred to as the 401 Certification. AR 002508 RESPONDENT DEPARTMENT OF 1 ATTORNEYGENERALOFWASHINGTON Ecology Division ECOLOGY'S PRE-HEARING BRIEF po Box40117 Olympia, WA 98504-0117 ORIGINAL FAX(360)586-6760 Master Plan Update (MPU) Improvements for the Seattle-Tacoma International Airport (STIA). The evidence and testimony presented to the Pollution Control Hearings Board (Board) will demonstrate that Ecology appropriately issued the 401 Certification. In addition, the hearing will show that the ACC has failed to meet its burden of proof and hence the Board should affirm Ecology's decision. H. BACKGROUND Through testimony and exhibits Ecology expects to prove the following at hearing: The terms of the 401 Certification were developed through extensive coordination with Ecology's experts on wetlands science, hydrology, stormwater management, water quality, and toxics. The Port identified a number of projects in its MPU in order to allow it to efficiently meet existing and future regional air travel demands. In its Joint Aquatic Resources Permit Application (JARPA) the Port states: The airfield…
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