TagPollution Control Hearings Board(1507)

office of the Water Quality Program. I have been employed by Ecology for 22 years. My title is Environmental Engineer 4. I have been assigned to stormwater issues for eleven years. For the past three years, my primary responsibility has been to help develop a stormwater management manual for Western Washington. In past years, I have also participated in the development and implementation of NPDES permits for stormwater discharges from municipal storm sewers, from construction activities, and from industrial sites. My role in developing Ecology's most recent stormwater management manual was as the lead staff person for Volume 1 - "Minimum Technical Requirements and Site Planning"; for chapters 2 - 4 of Volume V - "Runoff Treatment Best Management Practices (BMPs);" and as a support person for Volume III - Hydrologic Analysis and Flow Control Design/BMP's. I am currently involved in delivering training to local governments and consultants on the use of the new manual. 2. My educational background includes a Bachelor of Science degree in 1975 in Engineering Science from the University of Notre Dame, and a Master of Science degree in 1976 in Environmental Health Engineering from the University of Notre Dame. II. Ecology's 2001 Stormwater Manual 3. Ecology's most recent Stormwater Management Manual for Western Washington was published in September 2001. Therefore, it was not in effect during the time that the SeaTac Third Runway project was under development. It is my understanding that the Third Runway project has utilized the 1998 King County Surface Water Design…

March 18-29, 2002. The Board was comprised of Kaleen Cottingham, presiding, Robert V. Jensen, and William H. Lynch. The Appellant, Airport Communities Coalition (ACC), and Intervenor, Citizens Against Airport Expansion (CASE), challenge the Port of Seattle's (Port)

Environmental Planner 4 in the Northwest Regional Office (NWRO). I have held that position since mid-January, 2002. Prior to transferring to my current position, I was an Environmental Specialist 4 in the NWRO's Shorelands and Environmental Assistance (SEA) program. A copy of my resume is attached to my testimony as Attachment A. 2. Ecology's review of the Port's Sea-Tac International Airport (STIA) Master Plan Update Improvements began sometime in 1995 or 1996. The Port filed an initial Joint Aquatic Resources Permit Application (JARPA) to the U.S. Army Corps of Engineers (Corps) and Ecology in December, 1997. On July 20, 1998, Ecology issued a Clean Water Act § 401 Certification (401 Certification) for the project. That certification was later withdrawn when the Port discovered additional wetlands that would be impacted. The Port submitted a second JARPA in September, 1999, but withdrew that application in September, 2000, shortly before the expiration of the one-year decision deadline imposed by the Clean Water Act. On October 25, 2000, the Port filed a new JARPA for the project with the Corps and Ecology. A public hearing on the Port's application was held on January 26 and 27, 2001, and 52 day written public comment period provided. Ecology continued to receive and review comments on the Port's project beyond the expiration of the formal comment period. 3. I have been the 401 Certification Reviewer for the Port of Seattle's (Port's) 401 Certification application since late October, 2000. With the assistance of the team of experts assembled…

the Northwest Regional Office. I am a hydrogeologist and supervisor of the Watershed Unit at Northwest Region Water Quality. The Watershed Unit is responsible for surface water cleanup planning (TMDLs), implementation of the Forests and Fish Agreement, and Water Quality Financial Assistance. I have been a hydrogeologist for 24 years and employed by Ecology since October, 1979. My duties as a hydrogeologist during my tenure with Ecology have included investigating and preparing findings for water fight applications, defending controversial water fight decisions before the Pollution Control Hearings Board, providing expert testimony at EFSEC hearings for proposed Northern Tier pipeline fiver crossings, investigating and reporting on groundwater quality impacts at dairies, gravel mines and at wastewater land application sites. I also served on a state personnel committee which established the state Hydrogeologist employee classification. 2. During my tenure with Ecology, I authored or co-authored the following reports and publications; Seawater Intrusion on South Camano Island, Washington, Water Rights near Lake Sawyer, King County Washington, High Rock Aquifer Break of 1993 (co-authored), Groundwater Quality Survey near Edaleen Dairy, Whatcom Co., WA(1994), Groundwater Contamination at Plowman Dairy near Yelm, Washington, Groundwater Impacts at Alger Rock Quarry, Bellingham Frozen Foods Response Summary, and San Juan Watershed Water Quality Needs Assessment. 3. During most of the year 2000, I was Ecology's lead in managing special legislature mandated SeaTac Runway Fill and Maury Island gravel mining studies. Managing the studies involved developing the Request for Proposals, selection of a consultant, periodic briefings on study results, news…

Program in the Northwest Regional Office. I am a Section Manager of the Northwest Regional Office Water Quality Section with responsibility for managing the activities of over 38 professional staff, including environmental engineers, environmental specialists, and hydrogeologists. This section is tasked with meeting goals and objectives of the Water Quality Program which include the regulation of municipal and industrial points sources and the discharges of process or stormwater discharges from these sources, implementation of Washington State's non-point source control action plan, development and implementation of Total Maximum Daily Loads (TMDLs) or Water Cleanup Plans on those state waters that have been listed as impaired for not meeting the state's water quality standards, as well as provide technical expertise to other Ecology programs on water quality issues. I have been directly involved with the Third Runway Project Clean Water Act § 401 Certification (401 Certification) since September 1999. I have most recently provided technical assistance on water quality issues to the principal author of the 401 Certification, Ann Kenny. I am familiar with the water quality aspects of the 401 Certification, with the Port's National Pollutant Discharge Elimination System (NPDES) permit and the acceptable fill criteria developed in the 401 Certification. 2. I have been employed by the Department of Ecology since September 1986. During that time I have held the following positions: Environmental Crime Investigator, Water Quality Inspector, and Supervisor of the Industrial Permit Unit. My educational background includes the following: BS in Biology from Loyola University of Chicago 1975,…

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The Port of Seattle ("Port") respectfully petitions the Board to reconsider Condition 8 of its Final Findings of Fact, Conclusions of Law, and Order ("Final Order") dated August 12, 2002, and the factual findings on which it was based. Condition 8 states that: The SPLP process may not be used to authorize the importation of fill that exceeds the modified fill criteria. See Final Order at 137. I. INTRODUCTION AND SUMMARY OF ARGUMENT In its Final Order, the Board expressed five concerns regarding the use of SPLP. Three of the Board's concems -- relating to the use of SPLP to accept soil that exceeds MTCA Method A levels, to the detection limits attainable when using SPLP, and to the statistical protocol for using SPLP -- appear to be based on a mistaken interpretation of the record. All of these PORT OF SEATTLE'S PETITION FOR RECONSIDERATION BROWN REAvIS & MANNING PLLC REGARDING CONDITION 8 - PAGE 1 421 S. CAPITOLWAY,SUITE303 OLYMPIA, WASHINGTON 98501 (360) 786-5057 AR 000760 concerns were adopted from ACC and CASE's (hereafter, "ACC") proposed findings of fact. However, ACC's proposed findings lack any evidentiary support on these points and instead reflect a misunderstanding or distortion of the record. The Board should modify its findings to correct those three errors. The remaining two concerns can be addressed more appropriately by further conditioning the Port's use of SPLP, rather than by prohibiting it altogether. Therefore, the Port respectfully requests that the Board revise its Final Order so that the Port…

[Proposed] ORDER DISPOSING OF PE'TITION FOR RECONSIDERATION BROWNP.d_ws & M,_0_3 PLLC 12Ol THntDAVlL, SUITe320 PAGE I SeATTLe. WA.SXlNCrrON9_10I : (206) 292-6300 ... AR 000756 SEP-05-200213:11 BROWNRERUIS_ MANNING 2062926301 P.04/04 September3,2002,KaleenCottingham,PresidingOfficer,conducteda conferencecallwiththeparties concer-ningthePort'sPetitionanditssubsequentletterseekingtheBoard'sapprovalfordisposition ofthePetitionthroughwithdrawal.AtthecloseoftheconferencecalllthePresidingOfficerdirected thatthepartiesattempttoreachagreementontheformoforderfordispositionofthePort'sPetition. The partiessubsequentlydidsoandsubmittedthisproposedOrder. Therefore, pursuant to WAC 371-08-550 and RCW 34.05.470(4), the Board hereby enters thisdismissalorderasitsdispositionofthePort'sPetitionforReconsideration. ITISSO ORDERED.9 Datedthis dayofSeptember, 2002. KaleenCottinglmm,Presiding Rbbert'ViJensen,BoardMember William H. Lynch, Board Member .. AR 000757 [Proposed]ORDER DISPOSING OF PETI'J'ION FOR RECONSIDER.AT]ON _ R_vts'& M_Nr_ PLLC PAGE 2 1201TI.t_l_ AvIl,, SOrrg330 S_ArlLe, W_Hmm'_'_ 9g101 (2O6) ,292..6300 TOTRLP. 04 SEP-05-2002 13:10 BROWN REAUIS _ MANNING 2062926301 P.01/04 Brow. SEP - 2002 Reavis ENVIRONMENTAL &Ma,nn!ng .EAR OSOVCE 1201 Third Avenue Suite 320 Seattle, WA 98101 Phone (206) 292-6300 Fax (206) 292-6301 FAX TRANSMITTAL September S, 2002 To: Ms. Kaleen Cottingham PollutionControlHearings Board Fax: (380) 438-7699 Mr. Peter J. Eglick Ms. Joan Marchioro Mr. Kevin Stock Mr. Thomas Young Mr. Michael Witek Mr. Jeff B. Kray Helsell Fetterman, LLP AssistantAttorneysGeneral Fax: (206) 340-0902 EcologyDivision Fax: (360) 586-6760 Mr, Roger Pearce Me. Rachael Paschal Oeborn Foster Pepper & Shefelman Attorneyat Law Fax: (206)447-9700 Fax: (509) 328-8144 Mr. Richard A. Poulin Ms. Linda Stmut Smith & Lowney Ms. Traci Goodwin Fax: (206) 860-4187 PortOfSeattle Fax: (206) 728-3205 From: Gillis E. Reavis If you do not receive all 4 pages, please call (206) 292-6300 as soon as possible. This facsimile ¢,on_ins confidential information which mayalso be privilegodLUnlessyou am theaddressee (or authorizedto recelvo for the addressee),you may not copy, use, or distribcltaIf. If you havereceivedthis In error, pleaseadviseBrown Rmivls…

On August 22, 2002, the Port of Seattle filed in the above matter a "Petition for20 Reconsideration Regarding Condition 8." Airport Communities Coalition indicated by letter dated August 23, 2002 that it opposed the Port's Petition and requested establishment of a briefing schedule. By letter dated August 26, CASE also indicated it opposed the motion and requested briefing and oral argument. The Presiding Officer therefore scheduled a conference among the parties for September 3, 2002. Prior to the scheduled call, on September 3, 2002, the Port submitted a letter to the Board stating it was withdrawing its Petition for Reconsideration and enclosing a ORDER DISPOSING OF PETITION FOR RECONSIDERATION PAGE 1 AR 000754 proposed Order. Airport Communities Coalition objected to the form of the Order. Subsequently, on September 3, 2002, Kaleen Cottingham, Presiding Officer, conducted a conference call with the parties concerning the Port's Petition and its subsequent letter seeking the Board's approval for disposition of the Petition through withdrawal. At the close of the conference call, the Presiding Officer directed that the parties attempt to reach agreement on the form of order for disposition of the Port's Petition. The parties subsequently did so and submitted this proposed Order. Therefore, pursuant to WAC 371-08-550 and RCW 34.05.470(4), the Board hereby enters this dismissal order as its disposition of the Port's Petition for Reconsideration. IT IS SO ORDERED. _7,(//iDated this day of September, 2002. alee_nCot I _ tingham___iding , ,"/J/,J; cqb_ "7_ ;2__.... William H. Lynch, Board Member ORDER DISPOSING OF…

PORT OF SEATTLE, a port district of the State of Washington, 0 2 "2 "2 5 658-- 9Sgl NO. Petitioner, 1i PORT OF SEATTLE'S PETITION FOR v. JUDICIAL REVIEW OF FINAL ORDER OF POLLUTION CONTROL THE POLLUTION CONTROL HEARINGS HEARINGS BOARD