PCHB197006101

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Sea-Tac Airport
Third Runway
PCHBPollution Control Hearings Board of the State of Washington

The parties were directed by the original pre-hearing order to meet and seek agreement on the proposed legal issues to be considered by the Board in this appeal. If the parties were unable to reach complete agreement on the legal issues, the parties could file a proposed list of agreed issues together with any issues for which there is no agreement. The parties were then given until November 15, 2001, to file their objections to the issues proposed separately by other parties. On November 16, 2001, the parties filed a supplemental stipulation regarding proposed statement of legal issues. In that stipulation, 21 issues are set forth for the Board's consideration. The Board hereby accepts these 21 issues as the issues of the case. The stipulation is attached to and made a part of this order. In addition to the 21 stipulated issues, three other issues are in dispute. The Board has reviewed the proposals and countervailing arguments and renders the following decision. The following additional issue, numbered 22, will be included as part of the case: PCHB No. 01-160 1 SECOND PRE-HEARING ORDER AR 006101 22. Did Ecology have reasonable assurance that § 401 and applicable water quality laws would not be violated when it relied on a stormwater detention system that may require future compliance with dam safety regulations (chapter 173-175 RCW) and may require a dam safety permit prior to commencing construction? The Appellant's have proposed two additional issues that are too vague at this time to be…

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