Appeals of 2007 Municipal Stormwater Permits

Thirteen parties appealed the Phase I, Phase II Eastern Washington, and Phase II Western Washington Municipal Stormwater Permits that Ecology issued in January, 2007. The parties to these appeals represent cities, counties, and non-governmental organizations. Several parties also filed to intervene in the appeals.

Appeals Issues Identified by the Pollution Control Hearings Board (PCHB)

The PCHB issued pre-hearing orders to identify and consolidate the issues, grant motions to intervene, clarify procedures, and set hearing schedules.

Phase I Appeal Issues

PCHB Pre-Hearing Order identified the Phase I issues and granted motions to intervene and consolidate the appeals.

Phase II Appeal Issues

PCHB Pre-Hearing Order identified the Phase II issues and consolidated the appeals.

PCHB Rulings

The PCHB consolidated the appeals of permit condition S4, Compliance with Standards. This resulted in a separate Summary Judgment and final ruling on S4 that apply to all three permits.

The PCHB treated the remaining Phase I and Phase II issues separately. The PCHB Summary Judgments for each permit ruled on some issues, dismissed some issues, and identified the remaining issues for hearings before the Board. After the hearings, the PCHB issued separate rulings on remaining appeal issues for Phase I and Phase II.

S4 Compliance with Standards Summary Judgment April 2, 2008

S4 Compliance with Standards Appeal Ruling August 7, 2008

Phase I Summary Judgment April 8, 2008

Phase I Appeal Ruling August 7, 2008

Phase II Summary Judgment September 29, 2008

Phase II Appeal Ruling February 2, 2009

Phase II Revised Concurrence and Dissent February 13, 2009

Settlement Agreements

PCHB Order of Dismissal WSU v. Ecology January 8, 2008

Condition S8 Monitoring Settlement Agreement February 2008

King County Superior Court Stipulation and Order of Dismissal Puget Sound Energy and PacificCorp v. Ecology March 6, 2009

Phase I Appeals

Seven parties appealed the Phase I permit.

Petitions to Intervene

Four parties filed petitions to intervene in the Phase I appeal

  1.  King County Petitions to Intervene in the Phase I permit appeal:

  2.  City of Seattle Petitions to Intervene in the Phase I permit appeal:

  3.  Port of Tacoma Petition to Intervene in the Phase I permit appeal:

  4.  Washington State Department of Transportation Petition to Intervene in the Phase I permit appeal

Phase II Appeals

Eastern Washington

Two parties have appealed the Eastern Washington Phase II permit.

  1. Coalition of Cities and Counties*
  2. Washington State University

Settlements in the Phase II Eastern Washington appeal

Western Washington

Five parties have appealed the Western Washington Phase II permit.

  1. Coalition of Cities and Counties*
  2. City of Pacific
  3. Puget Soundkeeper Alliance/People for Puget Sound
  4. Sammamish Plateau Water and Sewer District
  5. Whatcom County

*A single appeal was filed on behalf of a coalition of cities and counties by the law firm of Foster Pepper, PLLC. The coalition of cities and counties includes the cities of Anacortes, Auburn, Bellevue, Bellingham, Bothell, Bremerton, Buckley, Burien, Burlington, Camas, Des Moines, Ellensburg, Everett, Federal Way, Fircrest, Kennewick, Kent, Longview, Marysville, Mount Vernon, Normandy Park, Orting, Port Angeles, Pullman, Puyallup, Renton, Richland, Sammamish, SeaTac, Sumner, University Place, Vancouver, and Kitsap County.

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