TagPCHB(607)

This document records a 2002 Washington State Pollution Control Hearings Board case in which community groups challenged the water quality certification issued for the construction of a third runway at Seattle-Tacoma International Airport. The Airport Communities Coalition and Citizens Against Airport Expansion argued that the Department of Ecology's approval did not provide adequate assurance that the project would comply with Clean Water Act Section 401 and state water quality laws, particularly regarding stormwater management. The Board examined 20 disputed issues covering topics such as stormwater impacts, detention system safety, and the scope of the certification.

Pollution Control Hearings Board (PCHB) case 01-160, Findings of Fact, Conclusions of Law, and Order. Airport Communities Coalition (ACC) and Citizens Against Airport Expansion (CASE) challenge the Port Of Seattle’s Section 401 Water Quality Certification issued September 21, 2001, by Washington State Department of Ecology for construction of the Third Runway and related projects at

Pre-filed testimony of W. A. Rozeboom, M.B.A., P.E. submitted to the Environmental Hearings Office (PCHB), received March 18, 2002, consisting of an index to exhibits A through P. Exhibits include Northwest Hydraulic Consultants letters to U.S. Army Corps of Engineers (November 1999, February 2001, June 2001, December 2001) commenting on stormwater, hydrology, and hydraulics of

This document is a transcript of legal proceedings held March 18, 2002, before the Washington State Pollution Control Hearings Board, in a case where the Airport Communities Coalition and Citizens Against Sea-Tac Expansion challenged the State Department of Ecology and the Port of Seattle over environmental concerns related to Sea-Tac Airport expansion. The hearing, which ran for ten days through March 29, 2002, was conducted at the Environmental Hearings Office in Lacey, Washington. Attorneys representing community groups, the state attorney general's office, and the Port of Seattle all appeared before a three-member board panel.

Appellants’ reply brief filed March 17, 2002 in PCHB No. 01-160 by Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) via Helsell Fetterman LLP and Smith & Lowney PLLC, supporting their motion to strike the Port of Seattle’s pre-hearing brief. ACC argues the Port manipulated double-spacing in Microsoft Word to stuff additional lines

Ecology’s response filed before the Pollution Control Hearings Board (PCHB No. 01-160) opposing ACC’s motion in limine to exclude testimony of Dave Garland regarding the Port of Seattle’s December 2001 Low Flow Plan and groundwater modeling for embankment fill. Ecology argues ACC was aware of Garland’s role through interrogatory answers, his January 9, 2002 deposition,

State of Washington Department of Ecology’s response opposing Airport Communities Coalition (ACC) motion under CR 32(a)(2) to publish over 1,424 pages of deposition transcripts in lieu of direct testimony in PCHB No. 01-160. Ecology argues depositions of Fitzsimmons, White, Hellwig, Kenny, Stockdale, Drabek, Fitzpatrick, and Kmet are inadmissible, that ACC failed to timely file the

Port Of Seattle’s response brief filed in PCHB case 01-160 opposing ACC and CASE motion in limine to exclude 17 exhibits as ‘late-produced.’ Port argues the Board’s October 30, 2001 prehearing order deadlines (November 15, 2001 identification, February 1, 2002 completion) apply only to plans and reports prepared ‘pursuant to the §401 Certification,’ not all

Port Of Seattle’s response filed March 15, 2002 to Appellants’ motion to strike the Port’s pre-hearing brief in PCHB No. 01-160. Port argues the Board should deny the motion, noting that ACC and CASE jointly filed a 60-page brief by combining their page allowances and used 117 single-spaced 10-point footnotes containing substantive argument to circumvent

Proposed order in PCHB No. 01-160 granting Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) motion to publish depositions of Ecology managers and CR 36(b)(6) designated witnesses. Depositions of Ann Kenny, Erik Stockdale, Gordon White, John Drabek, Ray Hellwig, Tom Fitzsimmons, Kevin Fitzpatrick, and Peter Kmet admitted into the record for any purpose.