PCHB130004617

PCHBPollution Control Hearings Board of the State of Washington

4, 2002, by the Airport Communities Coalition (ACC). The summary judgment motion asks the Board to find that Ecology's §401 certification is not based on a reasonable assurance the Port of Seattle (Port) has legal means to permanently mitigate the low flow impacts of its proposed Third Runway expansion. Specifically, ACC asks the Board to grant summary judgment for resolution of stipulated issue no. 9(a) which reads as follows: "[m]ust the Port obtain a water right to implement the low stream flow conditions in the certification and if so: (a) is there reasonable assurance that §401 and applicable water quality law will not be violated in the absence of such a water right." PCHB 01-160 1 DENIAL OF SUMMARY JUDGMENT AR 004617 The Board, comprised of Kaleen Cottingham, presiding, and Robert V. Jensen, heard oral arguments on the motions on February 4, 2002, and reviewed and considered the following pleadings and documents, together with all attachments thereto, filed in support and in opposition to the summary judgment motion: 1. ACC's motion and memorandum for summary judgment regarding the absence of a water fight for Third Runway §401 Certification; 2. CASE's response to ACC's motion for summary judgment re: necessary water right; 3. Ecology's response to ACC's motion for summary judgment regarding the absence of a water fight; 4. Port of Seattle's memorandum in opposition to ACC's motion for summary judgment regarding the absence of a water fight for Third Runway §401 Certification; and 5. ACC's reply on motion for summary…
V V