Ecology Issues Flawed
Sec. 401 Certificate & Revised Order

On June 9, the Department of Ecology issued a revised sec. 401 certificate for third-runway work in wetlands. Ecology also revised its order that spells out in detail the restrictions & conditions imposed on that construction work. These revisions were supposed to implement the Supreme Court's ruling of May 14, but runway opponents quickly found that important parts of that ruling were not included.

Earlier, the Port had written to the Airport Communities Coalition (ACC) that it was free to start construction immediately. However, at that time the Port did not have a current, valid sec. 401 certificate, nor had the Port amended its Work Plan to come into compliance with the ruling from the Supreme Court.

Port Still Not in Compliance, Say Opponents

ACC responded, advising the Port and Ecology that the Port's Work Plan, construction bid documents & other materials “are premised on violations of the conditions which the Washington Supreme Court has imposed.” ACC pointed out to Ecology and the Port several parts of the court's ruling that had not been taken into account. The Port in fact did not begin construction work “immediately”, but waited for issuance of the new order.

After the revised order was released, ACC renewed its criticisms. Although the Supreme Court said that fill must completely free of petroleum by-products (TPH), Ecology plans to allow use of fill with some TPH contam