PCHB233006489

PCHBPollution Control Hearings Board of the State of Washington

Pursuant to the scheduling letter issued by the Board on August 28, 2001 in Case No. 01-133, respondent Port of Seattle provides the following list of potential issues witnesses and exhibits. With respect to the proposed issues, the Port will review the list of proposed issues from appellant Airport Communities Coalition before determining whether all issues have been covered below: . I. ISSUES A. General Issues 1. Whether appellant has proven that there is not reasonable assurance that the Port of Seattle's projects at Seattle.-Tacoma International Airport ("STIA") reviewed in Ecology's §401 Certification will comply with water quality standards and other applicable standards under §401 of the Federal Water Pollution Control Act. 2. Whether it was necessary to identify and spc_fy performance standards for structures requiring a dam safety permit prior to issuance of the §401 Certification. PRELIMINARY ISSUE, WITNESS, AND EXHIBIT LIST - 1 FOSTER PEPPER _ SBXFELMAN PLLC 1111Tm_,DAvx_0F., SutTK3400 SEA_, Wasm_cToN 9S1al._2._ 206-447-4400 0RIGINAL 10110/01 15:42 FAX 206 447 9700 F P & S _004 3. Whether the Port's proposed projects arc consistent with the applicable terms of the Coastal Zone Management Act and Washington's Coastal Zone Management Program. 4. Whether Ecology complied with the State Environmental Policy Act ("SEPA") when reviewing the Port's projects for compliance with applicable standards under §401. 5. Whether the Port complied with the applicable requirements of SEPA. 6. Whether the Board has jurisdiction to review the Port's compliance with SEPA. 7. Whether the §40I Certification conforms to applicable law when it…
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