PCHB157005078

The Port of Seattle's (Port) NPDES permit and 401 Certification require it to collect, detain, treat, and slowly release stormwater generated at the Master Plan Update (MPU) project area to mitigate impacts that would otherwise occur to area streams, including impacts to stream flows and water quality. Appellant Airport Communities Coalition (ACC) argues that the Port must obtain a water right before it can comply with these conditions. Specifically, ACC argues that the Port must obtain a water right because the required stormwater management is not "typical." ACC's Motion for Partial Summary Judgment (ACC Brief) at 11. ACC's position is unsupported by stormwater regulations, the water code or other relevant law. While stormwater discharges have been comprehensively regulated in this state since at least 1987, a water right has never been required to manage stormwater in Washington or anywhere else. Applicable law and sound environmental policy demand that ACC's position be rejected, and that summary judgment be granted in favor of the Port on this issue. MARTEN BROWN INC. PORT OF SEATTLE'S MEMO. IN OFF. TO ACC'S MOTN FOR S/J RE 421s. CAOlTOLWAY,StaTE303 THE ABSENCE OF A WATER RIGHT FOR THIRD RUNWAY § 401 CERT. OLVMrU,, WASHINGTON 98501 PAGE I (36o)786-5o57 AR 005078 I. FACTUAL BACKGROUND A. Effects of Development on Stormwater. The natural hydrologic cycle is disturbed when undeveloped land is replaced with impervious surfaces. Declaration of Paul Fendt (Fendt Dec.), ¶5 (Attachment 1). When rain falls on these surfaces, it runs off the ground rather than seeping into…

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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 [...]