PCHB206006193

PCHBPollution Control Hearings Board of the State of Washington

submits the following objections to the issues proposed separately by the Airport Communities Coalition (ACC). Ecology's objections are as follows: Issue No. 2: Ecology objects to this issue as it relates to alleged activities outside of the 401 Certification and, in this appeal, the Board does not have jurisdiction over any such alleged activities. Issue No. 3" This issue is duplicative, vague and circular. To the extent that the issue is directed to the question of whether Ecology had reasonable assurance that the Port of Seattle's proposed project would not violate state water quality standards, that issue is addressed in Stipulated Issue No. 4. AR 006193 ECOLOGY'S OBJECTIONS TO ISSUES 1 ATTORNEYGENERALOFWASHINGTON Ecology Division PROPOSED SEPARATELY BY ACC ao Box40117 GINAL WA98504-0117RI 6_6 60Olympia, In light of those objections, Ecology requests that the Board strike the ACC's separately proposed Issues Nos. 2 and 3. DATED this 1__ day of November, 2001. CHRISTINE O. GREGOIRE Attorney General (__ JOAN M. MARCHIORO WSBA #19250 Assistant Attorney General yTHOMAS J. YOUNG WSBA #17366 Assistant Attorney General Attorneys for Respondent State of Washington Department of Ecology (360) 586-6770 AR 006194 ECOLOGY'SOBJECTIONSTOISSUES 2 ATTORNEYGENERALOFWASHINGTON Ecology Division PROPOSEDSEPARATELYBYACC POBox40117 Olympia, WA 98504-0117 FAX (360) 586-6760 PCHB206006193 PCHB206006194
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