PCHB33028411A

PCHBPollution Control Hearings Board of the State of Washington

Order Granting Appellant's Motion to Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses dated March 19, 2002 ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160 Deponent: JOHN DRABEK Date of Deposition: DECEMBER 14, 2001 1. Admissibility A. Purpose used for or what it will be offered to prove: lack of reasonable assurance for 401 with respect to water quality, fill, and low flow. Mr. Drabek is one of the Ecology personnel who has been explicitly cited by Gordon White (the 401 signator) and others as providing a basis for reasonable assurance. B. Specific designation (if CR 30(b)(6) deponent): Water Quality (Stormwater and stormwater mitigation). Mr. Drabek is the supervisor if the Industrial Permit and Stormwater Unit in Ecology's Northwest Regional Office. He is designated as an Ecology witness on matters related to the basis for reasonable assurance with regard to water quality, the Port's NPDES permit and the 401 certification. C. Basis for admissibility if challenged by objection: If an objection is attached pursuant to provision 4 below, ACC's and CASE's response is also attached. 2. Excerpting: The following portions of the DRABEK deposition are offered by ACC and CASE: START END Page 1, line 1 through page 11, line 23 Page 15, line 1 through page 20, line 12 Page 25, line 15 through page 28, line 18 Page 29, line 9 through page 36, line 1 Page 41, line 1 through page 44, line 20 Page 46, line 16 through…
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