PCHB156005063

The Airport Communities Coalition (ACC) moves for summary judgment contending that, as a matter of law, reasonable assurance is lacking in this case because Ecology did not require the Port of Seattle (Port) to obtain a water right to implement its stormwater management and low flow mitigation plans. The ACC's motion should be denied. A water right is not necessary for Ecology to have reasonable assurance that water quality standards will be met. Further, Ecology properly did not require the Port to obtain a water right in this AR 005063 ECOLOGY'S RESPONSE TO ACC'S 1 ATTORNEYGENERALOF WASHINGTON EcologyDivision MOTION FOR SUMMARY JUDGMENT PO Box40117 REGARDING THE ABSENCE OF A Olympia,WA 98504-0117 WATER RIGHT FAX (360) 586-6760 case because the Port's stormwater management and low flow mitigation plans do not involve a beneficial use of water. II. STATEMENT OF FACTS The facts relevant to this motion previously have been set forth in declarations and briefing filed by Ecology and the Port in response to the ACC's Motion for Stay. See Declaration of Paul Fendt, Declaration of Ed O'Brien, Declaration of Ann Kenny, Declaration of Kelly Whiting, Declaration of Joe Brasher, Ecology's Memorandum in Opposition to the ACC's Motion for Stay, and Port of Seattle's Memorandum in Opposition to Motion for Stay. In addition, the Port has submitted a revised low flow mitigation plan pursuant to Condition I of the Clean Water Act § 401 Certification (§ 401 Certification).1 The revised plan estimates the project's impact on low flow in Walker Creek…

Open full document

Upcoming Events

PSCAA Advisory Council Meeting Agenda
Add to CalendarMWednesday Mar 11, 9:00am - 11:35am
1904 3rd Avenue, Suite 105, Seattle, WA 98101
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 [...]