PCHB097003059

PCHBPollution Control Hearings Board of the State of Washington

(Ecology) in the above-referenced matter. I have been assigned to provide legal support to Ecology on the Port of Seattle's (Port) request for a Clean Water Act § 401 Certification since 1998 and became lead counsel for the matter in 1999. 2. I have no recollection of receiving any communication from Tom Luster regarding his intention to submit sworn testimony to the Board in this appeal. I have reviewed my files and telephone logs and can find no reference to any such communication. The only contact that I recall having with Mr. Luster since he left his position with Ecology was on DECLARATION OF JOAN MARCHIORO 1 ATTORNEYGENERALOFWASHINGTON EcologyDivision PO.Box 40117 Olympia,WA 98504-0117 ORI61NAL September 28, 2001, atter Mr. Luster had submitted a declaration in support of the ACC's Motion for Stay. On that date, Mr. Luster called me to discuss a deposition subpoena he received from the Port. The conversation was brief and related solely to the deposition subpoena. declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. h DATED this [(v- day of March, 2002. JOAN__ AR 003060
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