Notes

Pre-filed testimony submitted by Thomas R. Luster on behalf of the Airport Communities Coalition in PCHB No. 01-160 (ACC & CASE v. Dept. of Ecology & Port of Seattle). Luster, a former senior Ecology expert on water quality certifications, raises concerns about the Port of Seattle’s Section 401 Clean Water Act certification and its failure to meet state water quality standards. The testimony addresses deficiencies in the Low Flow Augmentation Plan for Des Moines Creek and inconsistencies in Ecology’s regulatory requirements.

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As the source for federal transportation grants, the Puget Sound Regional Council was charged with developing a system to meet the growing need for commercial aviation. When the search for a second airport failed, they authorized the Port of Seattle to build the Third Runway, with a mandate to develop a noise abatement and mitigation program. In their effort to stop the Third Runway, the ACC argued over every detail of the Port's efforts--including property buyouts and sound insulation. The dispute was meant to be settled by a three member Expert Arbitration Panel. This is their final report. It finds 2-1, that the Port's program was insufficient in several respects. Despite that, funding for the Third Runway was approved by the PSRC, and the 'Port Package' program, proceeded largely unchanged. Expert Arbitration Panel's final decision finding that the Port of Seattle had not shown sufficient reduction in real on-the-ground noise impacts to satisfy noise reduction conditions required for approval of a third runway at Sea-Tac International Airport. The majority decision concluded the Port's noise abatement programs were insufficient despite being impressive in scope.

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