TagPollution Control Hearings Board(1532)

Prefiled testimony (with errata corrections) of Joseph Brascher of AQUA TERRA Consultants submitted to the Pollution Control Hearings Board (PCHB No. 01-160) in the matter of Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) v. State of Washington Department of Ecology and Port Of Seattle. Brascher testifies regarding low streamflow hydrologic modeling at

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

Motion filed by Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) in PCHB No. 01-160 before the Pollution Control Hearings Board, seeking leave to publish depositions of Ecology director Tom Fitzsimmons, Gordon White (Director of Shorelands and Environmental Assistance), and Northwest Region Director Ray Hellwig under CR 32(a)(2), plus CR 30(b)(6) designated witnesses

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.

Pollution Control Hearings Board (PCHB) Order in case PCHB No. 01-160, granting Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) motion in limine to exclude late-filed plans and reports submitted by respondents State of Washington Department of Ecology and Port Of Seattle. Excluded exhibits include Exhibit No. 1320 (Embankment Modeling Report), Exhibit No.

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,

Respondent Washington State Department of Ecology concurs with and joins Port Of Seattle’s response to Appellants’ Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) Motion in Limine to Exclude “Late-Produced” Plans and Reports, filed March 15, 2002 in PCHB No. 01-160. Signed by Assistant Attorneys General Jeff B. Kray (WSBA #22174), Joan M.

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

Prefiled direct testimony of James C. Kelley, Ph.D. (Parametrix, Inc.) submitted to the Pollution Control Hearings Board (PCHB) for the State of Washington, Case No. PCHB 01-160, on behalf of respondents Department of Ecology and Port Of Seattle, against appellants Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE). Kelley testifies as principal consulting

Motion in limine filed by Airport Communities Coalition (ACC) in PCHB No. 01-160 before the Pollution Control Hearings Board for the State of Washington, seeking exclusion of prefiled and hearing testimony from Ecology witness Dave Garland. ACC argues Ecology failed to disclose Garland’s March 6, 2002 memo reviewing Pacific Ground Water Group (PGG) embankment modeling