TagEcology(788)

Washington State Department of Ecology memorandum opposing Airport Communities Coalition (ACC) application for Certificate of Appealability of the Pollution Control Hearings Board (PCHB) Stay Order in PCHB No. 01-160. Ecology argues the Board’s stay of the § 401 Certification for the Third Runway Project (Port of Seattle) is not a ‘final decision’ under RCW 34.05.518

Declaration of Jeff Kray, Assistant Attorney General of Washington, Ecology Division, filed January 23, 2002 in PCHB No. 01-160 before the Pollution Control Hearings Board. Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) are appellants against State of Washington Department of Ecology and Port Of Seattle. Attaches two documents: (1) Amended Final Findings

Internal memo from Ching-Pi Wang to Ann Kenny (cc: Jeannie Summerhays, Steve Alexander), dated January 23, 2002, reviewing the Port of Seattle’s Embankment Fill Monitoring Plan (EFMP) for the Third Runway, 401 Certification Condition E.3. Comments cover requirements for logic tree flow diagrams for tiered sampling and staged screening (groundwater, seepage), statistical methods for baseline

This memo from Port of Seattle environmental staff describes chemical testing of rock aggregate imported from Black River Quarry for use in the Third Runway embankment at Sea-Tac Airport. Testing revealed petroleum hydrocarbons (TPH) and elevated copper levels in some samples, traced to contamination from on-site asphalt recycling operations. As a result, the Port restricted material acceptance to newly blasted rock only and halted imports from the quarry in mid-October 2000 pending operational changes and additional testing.

This January 2002 memo from the Port of Seattle describes an environmental incident in which soil from the Summit Ridge fill site in Bellevue, Washington—potentially contaminated with petroleum hydrocarbons from a former home heating oil tank—was temporarily placed in the Third Runway embankment during construction. Upon discovery of the contamination in October 2000, the Port halted all haul from the site and removed approximately 1,540 tons of soil, disposing of it at a facility in Everett. The Port subsequently implemented additional environmental safeguards, including full-time on-site supervision, to prevent further transport of impacted soil to the Third Runway.

Summary statement for deposition publication submitted by ACC and CASE in ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160, pursuant to Order Granting Appellant’s Motion to Publish Depositions dated March 19, 2002. Deponent is Thomas Fitzsimmons, Director, Department of Ecology, deposed January 18, 2002. Testimony offered per CR 32(a)(2)

Airport Communities Coalition (ACC) v. Department of Ecology et al., PCHB No. 01-160. Table of 17 cases cited in discovery motions and responses, received by the Environmental Hearings Office on January 18, 2002. Cases include: American Medical Systems v. National Union Fire Insurance (E.D. La. 1999), Belcher v. Bassett Furniture Industries (4th Cir. 1978), Boring

Port Of Seattle’s reply memorandum filed January 18, 2002 in PCHB No. 01-160 (Airport Communities Coalition v. State of Washington Department of Ecology and Port Of Seattle) supporting its motion to compel ACC depositions and impose limitations on site visit entry onto land. Port argues ACC has produced zero documents, unilaterally refused to make any

Reply brief filed January 18, 2002 by Airport Communities Coalition (ACC) in PCHB No. 01-160 (ACC v. Department of Ecology et al.) before the Pollution Control Hearings Board, State of Washington. ACC argues in support of its motion to compel inspection of Port Of Seattle property under CR 34, seeking access to inspect, test, and

Response filed January 18, 2002 by the State of Washington Department of Ecology (represented by Attorney General Christine O. Gregoire, Thomas J. Young, Jeff Kray, and Joan M. Marchioro) opposing ACC’s motion in PCHB No. 01-160. Ecology agrees to extend discovery cutoff to February 15, 2002 (not February 25 as ACC requested), but opposes extending