TagPollution Control Hearings Board(1507)

P_,. t tvwva_._a _.J_I.,_J_IUUN_¢ULU_ C_,_¢ I Vt - Isaacson, Michelle L. From: Grad, Andrea E. Sent: Wednesday, January 30, 2002 4:57 PM To: Wendy Clement (E-mail) Cc: Isaacson, Michelle L. Subject: FW: Proposed Deposition Schedule Wendy - FYI. Andrea -Original Message. From" Grad, Andrea E. Sent: Wednesday, January 30, 2002 2:12 PM To: 'Steven Jones' Cc: Lsaacson,Michelle L. Subject: RE: ProposedDeposition Schedule 10:00 a.m. instead of 9:30 is ac__eptablefor Ms. Logan's deposition start time, thank you. Joe Stohr is an Ecology employee. It turns out that he is unavailable on 2/19; we have not yet rescheduled him for a different date. Attached is an updated schedule showing Logan moved to 10:00; Stohr has been removed from 2/19. Thanks, Andrea ----Original Message--- From: Steven Jones [mailto'..loneS@foster.com] Sent:. Wednesday, January 30, 2002 11:39 AM To: Grad, Andrea E. Subject: RE: Proposed Deposition Schedule The only revision that I know of as of rightnow would be my request Oust sent via letter to Kevin Stock and Mike Witek today) that we startLinda Logan's dep at 10:00 a.m. instead of 9:30 a.m. Also, is J. Stohr a King County employee? Please identify who that is. Thanks. -: Original Message From:Grad, Andrea E. [mailto:agradc_helsell.com] Sent: Monday, January28, 2002 12:!6 PM To: Steven Jones; Wendy Clement Cc: Stock, Kevin L.; Witek, Michael P.; Isaacson, Michelle L. Subject: ProposedDepositionSchedule l Exhibit _ '_ "_ - m Iiw" e's C_IA,I: . Dearkru".Jones: L,mneMills. Court Reoorter. Attachedisa reviseddepositionschedulereflectingthe scheduleyousen us late last weekand includingPaulFendtonthe8th. 2/7/02 AR 019654 A_,.L,. A…

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]5 ACC & CASE v. Dept. of Ecology & Port of Seattle ]8 February 22, 2002 DECLARATION OF GREGWINGARD - 1 Smith&kowney,p.l.l.c. 2317 EastJohnStreet Seattle,Washington98112 (206)860-2883 AR 015221 I, Greg Wingard, declare as follows: 1. The following is based on personal knowledge to which I am competent to testify before the Board. A copy of my resume is attached to this statement as Exhibit A. 2. I have worked extensively on issues related to the SeaTac International Airport's NPDES permit since 1994 in my capacity as a consultant, at various times, to CASE, the City of6 Des Moines, the Airport Communities Coalition, and individual area residents, and in my capacity as the Executive Director of Waste Action Project. This work has included reviewing NPDES permit applications, working on NPDES permit appeals, reviewing of discharge monitoring reports from 1994 to present, participating in site inspections, including inspection of the airport's listed NPDES permitted outfalls, site sampling activities, and photographing of the site. I have reviewed Discharge Monitoring Reports for Sea-Tac International Airport related to permit #WA-002465-1 from 1994, to December of 2001, annual stormwater reports for the airport from 1996 to 2001, and construction related sampling data from 1998 to October of 2001. My review of documents included the Port of Seattle's 1996 Section 404 application, which was later withdrawn in 1998, as well as the existing Section 401 certification-related materials. 3. As an environmental consultant for the past 18 years and in my capacity as20 Executive Director of Waste Action…

<,-', Table 45. Background Pore-Water Chemistry Assumed for SSL MINTEQ A l'-o _.-,.,- Modeling Efforta Parameter Concentration (rag/L) Aluminum 0.2 Bromine 0,3. Calcium 48 Carbonate 187 Chlorine 15 Iron(+3) 0.2 Magnesium 14 Manganese(+2) 0.04 Nitrate 1 Phosphate 0.0g Potassium 2.gb Sodium 22 Sulfate 25 a Mec_anvaluesfromSTORETdatabaseasreportedinU.S.EPA(1992a). b MedianvaluesfromSTORE-I"database;personalcommunicationfromJ. Allison,AllisonGeosciences. 5.4.3. Assumptions and Limitations. The SSL MINTEQ modeling effort incorporates several basic simplifying assumptions. In addition, the applicabi/it7 and accuracy of the model results are subject to limitations. Some of the more significant assumptions and limitations are described (: • "' below. • The system is assumed to be at equilibrium. This assumption is inherent in geochemical aqueous speciafion rood=Is because the fundamental equations of mass action and mass balance are equilibrium based. Therefore, any possible influence of adsorption (or desorption) zat¢ limits is not considered. This assumption is conservative. Because the model is being used to simulate metal desorption from the solid substrat=, ff equilibrium conditions are not met, the desorpdon reaction will be incomplete and the metal concentration in pore water will be less than predicted by the model. • Redox potential is not considered. The redox potential of the system is not considered due to the difficulty in obtaining reliable field measurements of oxidation reduction potential (Eh), which are needed to determine a realistic frequency distribution of this parameter. Furthermore, the geochemistry of redox-sensitive species is poorly understood. _acdons involving redox species are often biologically mediated and the concentrations of redox species are not as likely to reflect…

WAC 173-340-747 Deriving soft eoncen- (a) Fixed parameter three-phase partition- trations for ground water protection, ing model. The three-phase partitioning model (1) Purpose. The purposeof this section is to with fixed input parameters may be used to establish soil concentrations that wili not cause establish a soil concentration for any hazardous contamination of ground water at levels that substance. Site-specific data are not requiredfor exceed the ground water cleanup levels estab- use of this model. See subsection (4) of this lished under WAC 173-340-720. Soil concentra- section. tions established under this section are used to (b) Variable parameter three-phase patti- establish either Method B soil cleanup levels (see tioning model. The three-phase partitioning WAC 173-340-740 (3)(bXiii)(A) or Method C soil model with variable input parameters may be used cleanup levels (see WAC 173-340-745(5)(b)(iii) to establish a soil concentration for any hazardous (A)). substance. Site-specific data are required for use For the purposes of this section, "soil concen- of this model. See subsection (5) of this section. tration" means the concentration in the soil that (c) Four-phase partitioning model. The will not cause an exceedance of the ground water four-phase partitioning model may be used to cleanup level established under WAC 173-340- derive soil concentrations for any site where 720. hazardous substances are present in the soil as a (2) General requirements. The soil coneen- nonaqueous phase liquid (NAPL). The depart- tration established under this section for each ment expects that this model will be used at sites hazardoussubstance shall meet…

Northwest Regional Office • 3190 160th Avenue SE . Bellevue, Washington 98008-5452 • (425) 649-7000 May 29, 2001 CERTIFIED MAIL 7000 0520 0021 6764 4262 ( Mr. Michael D. Feldman Director, Aviation Facilities Port of Seattle PO Box 68727 Seattle, WA 98168 •Dear Mr. Feldman: Re: Modification of NPDES Permit No. WA-002465-I Port of Seattle, Seattle-Tacoma International Airport Expiration Date: July 30, 2002 The permit issued for your facility on February 20, 1998, is hereby modified as of this date in the following particulars: Authorization to discharge construction stormwater to Walker Creek including tributaries and Gilliam Creek including tributaries; added monitoring and reporting requirements for construction stormwater to these discharges, and added detention and retention impoundment design requirements for these discharges. Any person feeling aggrieved by this NPDES permit modification may obtain review thereof by application, within 30 days of receipt of this permit, to the Washington Pollution Control Hearings Board, Post Office Box 40903, Olympia, WA 98504-0903. Concurrently, a copy of the application must be sent to the Departmentof Ecology, Post Office Box 47600, Olympia, WA 98504-7600. These procedures are consistent with the provisions of Chapter 43.21B RCW and the rules and regulations adopted thereunder. Any appeal must contain the following in accordance with the rules of the hearings board: a) The appellant's name and address; b) The date and number of the permit appealed; c) A description of the substance of the permit, that is the subject of the appeal; d) A clear, separate, and concise statement of…

D F P A RT M E f_ T Ot: ECOLOGY Workbook Tools for Calculating Soil and Ground Water Cleanup Levels under the Model Toxics Control Act Cleanup Regulation User's Guide Washington StateDepartmentof Ecology Toxics Cleanup Program August 2001 PublicationNo. 01-09-073 Printed on Recycled Paper AR 019520 .,o The Department of Ecology is an Equal Opportunity and Affirmative Action employer and shall not discriminate on the basis of race, creed, color, national origin, sex, marital status, sexual orientation, age, religion, or disability, as defined by applicable state and/or federal regulations or statutes. If you have special accommodation needs, please contact the Toxics Cleanup Program at (360,)407-7170 (voice.) or (360,) 407-6006 (TDD`). For additional copies of this publication, please contact: Department of Ecology Publications Distn'bution Office P.O. Box 47600 Olympia, WA 98504-7600 (360) 407-7472 Refer to Publication No. 01-09-073 Questions or Comments regarding Workbook Tools (MTCASGL or MTCATPH}and User's Guide should be addressed to: Hun Seak Park Washington State Department of Ecolo_, Toxics Cleanup Program PO Box 47600 Olympia, WA 98504-7600 Disclaimer: This User's Guide and associated programs are provided "AS IS" and without warranties as to performance or any other warranties of any kind whether expressed or implied. The user assumes the entire risk of using this manual and associated programs. In no event shall the State of'Washington and all panics associated with the preparation of this manual be liable for damages or losses of any nature or kind, including but not limited to any compensatory, direct, special, incidental, indirect,…

P.O. Bo_ 47600 • OIvmpia, _ashinglon qtl._O.l-7600 fJIl(}, i 4t_,'-61]1)1) • TD_ ()_lv (Hearing Imp,lired? 13t){1' dl)-..'_l!ljtp August !0. 2001 REGISTERED MAll. Port of Seattle Atm: Ms. Elizabeth Leavitt 1790() International Bh'd.. Suite 402 Seattle-Tacoma International Airport SeaTac. WA 013188-4,.,6 Dear Ms. Leavitt: Re: Water Qt,ality Certification for U.S. Army Corps of Engineers Public Notice 1996-..I.- (}2325: Construction of a Third Runway and related projects at the Seattle-Tacoma International Airport (STIA) in die Miller. Walker. and Des Moines ("reek _atersheds and in wetlands at the Seattle-Tacoma International Airport. located within the vicinit_ of the city of SeaTac, King County, Washington; and in wetlands at tile mitigation site in Auburn. King County. Washington. The public notice from the V.S. Army Corps of Engineers (Corps_ fi)r proposed w,_rk has been reviewed. On behalf of the state of Washington,.we certify that the work proposed in the Port of Seattle's (the Port's) revised Joint Aquatic Resource Permit Application (JARPA_ dated October 25. 2000. the Corps" public notice and the Department of Ecology's (Ecology's) public notice complies with applicable provisions of Sections 301,302. 303. 306 and 3()7 of the Clean Water Act. as amended, and other appropriate requirements of state law. This letter also serves as the state response to the Corps. Pursuant to Section 30"7(c)(3_ of the Coastal Zone Management Ac: of 1972 as amended. Ecology concurs with the Port's certification that this work is consistent wifl_ the approved Washington State Coastal Zone Management Program. This concurrence is hased t,pon the Port's compliance with…

ent: Saturday. September 08, 2001 7:51 PM o: Heilwig, Raymond; Kenny, Ann Subject: FW: New Proposal for E.l(b) Importance: High Septem_r 8 Condi_on E(t)(b) ... CONFZDENTIAL ATTORNEY-CLIENT PRIVILEGED COMMUNICATION Note: This communication is intended only for the addressee shown above. It may contain information that is privileged, confidential, or otherwise protected from disclosure. Any review, dissemination, or use of this communication or its contents by persons other than the addressee is strictly prohibited. If you have received this communication in error, please notify me immediately. Here is the suggested language, i will be getting an entire agreement by the end of _he day tomorrow and will try to get to work first thing Monday to forward it on. Joan ..... Original Message ..... From: Newlon, Tom [mailto:newlonot@por_seat_le.org] Sent: Saturday, September 08, 2001 9:34 AM To: Marchioro, Joan (ATG); Tom Walsh (E-mail) Co: 'Jay Manning'; Newlon, Tom; Linn Gould (E-mail) Subject: New Proposal for E.l(b) ._ Joan: Because of the substantial changes, I just redrafted our proposal for the added language on this one. You'll recognize some of it from mine, and some from yours. The wedge idea needed to go in, ted (only it*s called the "drainage layer cover, consistent with how the Services documents talk about it). Overall, the thing's enough different that I didn't bother with redlining. Sorry if that's a problem. ! still need to get you the revised work plan. You'll notice I provided for I0 business days of review of SPLP results before material use.…