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CURRENT REGULATORY CHALLENGES SEPTEMBER 24, 2015

ALEX SMITH ENVIRONMENTAL PROGRAM


9/28/2015

Overview 

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Stormwater Treatment – New world of Ecology oversight Which one of us has gone rogue? Hello? Anyone out there? No Consent Decree for You!! Can We Play Too?


9/28/2015

Stormwater Treatment  The Port needed to install treatment for stormwater on its Marine Terminal  It is part of the new world of ISGP compliance, under the 2010 and 1025 general permits  Clear to all who were designing treatment systems, it was a new challenge for Ecology, too 3


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Stormwater Treatment

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Stormwater Treatment

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Stormwater Treatment

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Stormwater Treatment

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Stormwater Treatment

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Stormwater Treatment

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Stormwater Treatment  Ecology’s response to the incident:  From initial attempts to be in the middle of first responders,  To subsequent input on the operations,  To statements they might penalize the Port for the incident

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9/28/2015

Stormwater Treatment  The ISGP used to mean compliance with BMPs, a SWPPP and some monitoring  Ecology assessed whether you complied with SWPPP, kept equipment inside and covered your dumpster, etc.  What is the appropriate relationship with Ecology when more sophisticated compliance mechanisms are being used? 11


9/28/2015

Budd Inlet Sediment Site  In 2012, Ecology asked if the Port would be willing to look into potential sources of contamination to the Site  The Port agreed to do additional sampling and a chemometric analysis  Unbeknownst to the Port, Ecology contracted with a different firm to do its own chemometric analysis 12


9/28/2015

Budd Inlet Sediment Site  Challenges arose when Ecology’s analysis came to a different conclusion from the Port’s  Both parties had concerns with the other’s analysis  The Port suggested having a third party expert evaluate the two analyses  Ecology refused 13


9/28/2015

Hello? Anyone There?  The Port has also tried to move cleanups forward with Ecology  On one site – we have had 4 years of inaction on Ecology’s part  On another, we have been trying to give Ecology money back, and have gotten no response  On another, cleanup, and therefore grant spending has been delayed 14


9/28/2015

No Consent Decree for You!  We were told that Ecology might not enter into a consent decree for implementation of a cleanup  They evaluate whether the situation justifies the expenditure of Ecology time and resources  Not clear how much input the PLP has into that determination 15


9/28/2015

Can We Play Too?  Puget Sound Partnership and related efforts  Do not consider any work done to comply with permit obligations, cleanup, mitigation or NRD to “count” in the efforts to cleanup Puget Sound  These efforts tend not to be recognized, let alone get funding help 16


9/28/2015

Conclusions/Musings  Are other ports experiencing similar issues?  Is there a way to improve relationships with Ecology and other agencies?  Could WPPA and/or a coalition of Ports be a part of improving the situation?  Do folks even want to do so? 17

WPPA 2015 Env Seminar - Current Regulatory Challenges, Smith  
WPPA 2015 Env Seminar - Current Regulatory Challenges, Smith  
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