PCHB227006454

PCHBPollution Control Hearings Board of the State of Washington

v. ) PATRICK LUCIA IN SUPPORT OF ) ACC'S MOTION FOR STAY STATE OF WASHINGTON, ) DEPARTMENT OF ECOLOGY; and ) (Section 401 Certification No. THE PORT OF SEATTLE, ) 1996-4-02325 and CZMA concurrency ) statement, issued August 10, 2001, Respondents. ) Reissued September 21, 2001, under No. ) 1996-4-02325 (Amended- 1)) Dr. Patrick Lucia declares as follows: 1. I am over the age of 18, am competent to testify, and have personal knowledge of the facts stated herein. 2. Paragraphs 2 - 5 of my first declaration in support of stay describes my qualifications and familiarity with the proposed Third Runway and related master plan improvements at Sea-Tac Airport. 3. I have reviewed the Port's and Ecology's declarations, exhibits and sur-reply memoranda. 4. Review of the issues raised leads to a clear conclusion that the Department of Ecology does not have reasonable assurance that the fill placed to construct the embankment will meet the environmental criteria and subsequently that the water infiltrating through the embankment will not transport hazardous substances through the drainage layer and into sensitive areas below the embankment. DECLARATION OF DR. PATRICK LUCIA IN HELSELL FETTERMAN LLP RachaelPaschalOsborn SUPPORT OF ACC'S MOTION FOR STAY - 1 15o0PugetSoundPlaza Attorneyat Law 1325 Fourth Avenue 2421 West Mission Avenue ORIGINAL Seattle, WA 98101-2509 Spokane, WA 99201 AR 006454 5. The second declaration of C. Lin Gould states that the MTCA method A cleanup level for arsenic (20 milligrams per kilogram) "represents 'natural background' as described in WAC 173-340- 900…
V V