TagClean Water Act(243)

Email chain dated April 30, 1999 from Ronald Lavigne (ATG) and Ann Kenny to Washington State Department of Ecology staff including Sandra Manning, Kevin Fitzpatrick, and others, raising legal concerns about agreements reached at a Wednesday meeting regarding 401 certification and 402 permit policy. Lavigne raises issues including: the state’s one-year waiver deadline for 401

This 1999 email chain between Washington State Department of Ecology staff discusses the challenges of applying water quality standards to stormwater discharges related to the proposed Sea-Tac Airport third runway project. Officials from the Water Quality and Shorelines/Environmental Assistance programs agreed that strictly enforcing numeric water quality criteria on stormwater is scientifically and legally difficult, and recommended an 'adaptive management' approach requiring monitoring and ongoing improvements rather than immediate full compliance. The correspondence also highlights resource limitations, the relationship between Section 401 and 402 Clean Water Act permits, and the need for a consistent statewide policy on stormwater review.

In January 1999, the King County Superior Court denied the Port of Seattle's motion to dismiss a lawsuit brought by Citizens Against SeaTac Expansion, ruling that a potential injury from wetland filling near the airport could not be ruled out. The case centered on the Port's plan to fill wetlands in Auburn as part of its Master Plan Update, which included construction of a proposed third air carrier runway at Seattle-Tacoma International Airport. The court stayed all further proceedings until the U.S. Army Corps of Engineers issued a final decision on the Port's wetland-filling permit under Section 404 of the Clean Water Act.

In January 1999, the Port of Seattle filed a legal memorandum in King County Superior Court supporting a proposed order to stay (pause) a lawsuit brought by Citizens Against SeaTac Expansion (CASE) regarding the expansion of Seattle-Tacoma International Airport. The central dispute concerned the construction of a proposed third runway and the filling of nearby wetlands, with the Port arguing that court proceedings should be paused until the U.S. Army Corps of Engineers issued a final decision on the Port's wetland-fill permit under Section 404 of the Clean Water Act. The two parties disagreed on the exact language defining how long the stay should last, with the Port seeking a clear end date tied to the Corps' permit decision and CASE proposing broader conditions related to Port environmental decisions.

A 1998 internal memorandum from Washington State's Shorelands and Environmental Assistance Program recommends reclassifying employee Tom Luster from Environmental Specialist 4 to Environmental Specialist 5, citing his assumption of higher-level duties following a colleague's departure in 1997. Luster's qualifications, including a Master's degree in Geography and over 10 years of experience, along with the cost-neutral budget impact, are presented as justification for the upgrade.

Email from Steve Saunders (November 21, 1998) to Melodie Selby, Robert Barwin, John Glynn, Carl Nuechterlein, and others, recommending that Melodie Selby and Bill Moore take lead on CWA Sections 401 and 402 coordination due to stormwater and BMP manual focus. Attached is a Washington State Department of Ecology Water Quality Program summary memo analyzing

Draft internal memo dated October 29, 1998 from Tom Luster to Gordon White, Paula Ehlers, and Tom McDonald at Washington State Department of Ecology (Exhibit 2112, AR 033725–033727). Addresses two issues arising from Ecology’s 401 certification review of Sea-Tac Airport (Port of Seattle): (1) whether WAC 173-201A-160(3) water quality standards require stormwater discharges to meet

Email dated October 29, 1998 from Tom Luster to Lisa Zinner (Washington State Department of Ecology) requesting review of a draft 3-page memo summarizing 401/stormwater water quality issues that arose during the SeaTac airport review and a WQ Program/SEA Program meeting. Luster describes it as his ‘401-biased’ view and requests confidential review, asking Zinner not

A 1998 internal email from Washington State Department of Ecology staff raises concerns that standard stormwater Best Management Practices (BMPs) may not provide sufficient water quality treatment to meet state and federal Clean Water Act standards for projects requiring 401 Water Quality Certification. The author warns that issuing 401 certifications while knowingly allowing water quality criteria to go unmet would be legally indefensible, and calls for updated policy guidance, better technical assistance, and clearer requirements for applicants. The email proposes that projects involving waters of the state be held to stricter stormwater treatment standards than upland projects not requiring a 401 certification.

Letter dated September 10, 1998 from Christine O. Gregoire’s Attorney General of Washington Ecology Division (author not individually named) to J. Tayloe Washburn of Foster Pepper & Shefelman responding to an August 11, 1998 memorandum requesting clarification and minor revisions to Ecology’s 401 certification (Order No. 96-4-02325) for Sea-Tac Airport improvements including the third runway.