Item No. 5h Agreed Order
Date of Meeting December 13 2011


STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Northwest Regional Office a 3190 160th Ave SE a Bellevue, WA 98008-5452 o 425-649-7000
711 for Washington Relay Service 6 Persons with a speech disability can call 8778336341
mi 02 2011
,
Ms. Elizabeth Leavitt                 Agreed Order  875 5
Director, Aviation Planning &
Docket No.
Environmental Programs              Site Location  17801 International Boulevard
Port of Seattle
. Seattle, WA 98158 
Seattle-Tacoma International Airport
PO. Box 68728
'
Seattle, WA 98168-0727

Re:   Agreed Order

Dear Ms. Leavitt:

Enclosed is Agreed Order number 8755. The enclosed Order may not be appealed by the Port
of Seattle. Please return the reviewed and signed Agreed Order to the Department of Ecology,
Ed Abbasi, at 3190 160th Avenue SE, Belleyue, WA 98008-5452. Ecology will countersign the
Agreed Order, and a copy will be sent to you promptly. The Order Will be effective on the date
the agreement has been signed by all parties. '.

If you have any questions concerning the content ofthe document, please contact Ed Abbasi at .
(425) 649-7227 or eabb46l@ecy.wa. gov.

Sincerely,
'
rm/116?. WTQ
evin C. Eitzpa '10 c
Water Quality Section Manager

Enclosure:   Agreed Order No. 8755
By certied mail no: 7008 0150 0003 7591 7847
ECEIVED
cc:    Larry Altose, Ecology PIO
Jeannie Summerhays, Ecology
i
'
Joan Marchioro, Ecology AG '          NOV _.                  ' 320"
Jeiry Shervey, Ecology
Ed Abbasi, Ecology                     ,
.                      PORT OF SEATTLE
Cyma TuPaS, ECOIOgY                            AVIENVtRONMENTAL
Alice Kelly, Ecology ' '
Central Files: SeaTao Airport; WA0024651; WQ 6,4


c-1n                    E

STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY

IN THE MATTER OF AN             ._ ) AGREED ORDER
ADMINISTRATIVE ORDER. )    DOCKET NO. 8755
AGAINST:                 ')
Port of Seattle )
Seattle-Tacoma International Airport )

To:   Elizabeth Leavitt
Director
Aviation Planning & Environmental Programs
Port of Seattle
' Seattle-Tacoma International Airport
PO. Box 68727  '
Seattle, WA 98168-0727

Order Docket No.  8755
Site Location     17801 International Boulevard, Seattle, WA 98158


This is an Agreed Order between the Department of Ecology (Ecology) and the Port of Seattle,
Seattle-Tacoma International Airport (the Port), to achieve compliance With certain requirements
ofits National Pollutant Discharge Elimination System (NPDES) Permit No. WA~002465~1 and
Chapter 9048 Revised Code of Washington (RCW) by taking certain actions which
are
described below to provide for compliance with pH limitations in the Port's NPDES permit.


This Agreed Order is issued pursuant to the authority vested
1n Ecology by the Federal Water
Pollution Control Act (FWPCA), 33 U
S.C. sec 1311, et seq and Chapter 90.48 Revised Code of
Washington (RCW)
RCW 90.48030 p1ovides that Ecology shall have the jurisdiction to control and prevent the
pollution of streams, lakes, rivers, ponds, inland waters, salt wate1s, water courses, other surface
and underground waters ofthe state of Washington

RCW 90.48120 authorizes Ecology to issue administrative orders requiring compliance
Whenever it detelmines that a person has Violated
or created a substantial potential to violate any
provision of Chapter 9048 RCW or fails to cont101 the
polluting content of waste to be
discharged to waters of the state
The Port agrees to undertake all actions required of it by the terms and conditions of this Agreed
Order and not to contest Ecology's jurisdiction and authority to admimster this Agreed Order
The Port agrees not to appeal this Agreed Orde1 .

I
Agreed Order Docket No, 8755 .
Page 2 of 9
Port of Seattle, SeattleTacoma International
Airport '
-
Nothing in this Agreed Order shall in any way relieve the Port of its obligations
to comply with
the requirements of its permit. This Agreed Order does not limit Ecology's authority
to enforce
the provisions of the aforementioned Permit.            '

Ecology's determination that violations have occurred is based
on the following facts.
Narrative of Incident

Since July of 201 0, discharges from stormwater
ponds at Seattle-Tacoma International Airport
exceeded the upper pH efuent limit of 8.5 standard units
set in Permit Condition 81 of the
NPDES Permit No. WA-0024465-1
on a recurring basis at a number of outfalls. These pH
exceedances have primarily occurred in outfalls discharging fr0m
large stormwater detention
ponds. Preliminary investigations conducted by the Port of Seattle indicate that elevated lecan
be attributed to algal growth within each pond. Recurrent pH violations have occurred in
discharges 'om outfalls SDWlA, SDWlB, and SDWZ. The first pH violation observed
at the
Pond M appeared to be due to installation of
a new concrete manhole, but the latter additional
two violations were likely due to algal growth.
However, the Port has implemented operational
and structural BlVIPs to eliminate the Pond M exceedances. One isolated
upper pH efuent limit
exceedance also occurred at outfall SDD06A. However, this violation
was is'olated and is not
believed to have been associated with other reported
occurrences. All pH permit limit violations
have been promptly reported to Ecology. .P

pH Exceedances:

The exceedances ofthe upper pH efuent limit since July 2010
are shOan in the table below:
Sea-Tao International Airport (PermitNo. ,WA-0024651):
,_
of H Exceedances During the Period Jul          ,
2010 through May 2011  V' '
Monitoring     Units '4 '     Limit    Value Reported  Permit
Period
.
.         Type              on DMR        Limit
7/2/2010 pH Standard Units  Daily Maximum     908      < 8 .5
9/8/2010 pH Standard Units  Daily Maximum     9.01      < 8.5 _|
10/23/2010 pH Standard Units  Daily Maximum      8.77      < 8.5
10/24/2010 pH Standard Units  Daily Maximum     9.50      < 8.5
1/7/20011 pH Standard Units         Daily Maximum  9.01
2/12/2011  pH Standard Units  Daily Maximum
.
2/12/2011  pH Standard Units  Daily Maximum              < 8 .5
2/12/201 1  pH Standard Units  Daily Maximum      8 .91       < 8.5
4/13/2011  pH Standard Units  Daily Maximum     8.97      < 8.5
4/27/2011  pH Standard Units  Daily Maximum     8.93      < 8.5
,
4/27/2011  pH Standard Units  Daily Maximum     8.97      < 8.5
4/27/2011  pH Standard Units  Daily Maximum    8.94      < 8.5 ,
'
4/27/2011 pH Standard Units Daily Maximum  8.91   < 8.5
5/14/2011  pH Standard Units  Daily Maximum     9.03      < 8.5
_
5/14/2011 '
_ pH Standard Units Daily Maximum   9.46    < 85
5/14/2011  pH Standard Units LDaily Maximum     9.56     |  < 8.5

Agreed Order Docket No. 8755                     I
Page 3 of 8
Port of Seattle, Seattle-Tacoma International Airport

For the reasons detailed above, and in accordance With RCW
90.48.120, IT IS AGREED that the
Port shall take the following actions by the dates set forth below.
These actions are necessary to
satisfy the requirements of ceitain requirements of its National Pollutant Discharge Elimination
System (NPDES) Peirnit No. WAOO2465l and Chapter 90.48 Revised Code of
Washington
(ROW), the Port has participated in dening these actions and the dates by which they
shall be
completed. The Port shall also submit permit applications and doCuments needing
approvals from
the various government agencies in
a timely fashion in order that the dates for the various actions
are able to be met.                                      '
.
.
Agreed Order Cerrective Actions & Progress Reporting:

To eliminate causes of recurring pH violations from
SDW1A, SDWlB, SDWZ, and, if
necessary, any other stormwater pond that discharges pH above permit limits, the Port of Seattle,
SeaTac International Airport is ordered to:

1.  Upon receipt of this signed Order and until action items #2 through 6
are complete, the Port
must:

a.  Monitor the pH ofrunoff entering each pond, efuent discharged from
each pond, and of
.
the receiving water downstream of each pond's outfall in accordance with the sampling '
frequency specied in Part II, Condition 81A of the Port's NPDES permit.

1).  Submit the results of the pH monitoring
on a quarterly basis on the 15th of the month
following the previous quarterly sampling period to:
Ed Abbasi, P.E.
Department ofEcology
Northwest Regional Ofce
3190 160'" Avenue SE
Bellevue, WA 98008~5452

2.  Prepare and submit a study plan to Ecology for approval
no later than December 15, 2011.
The plan, at a minimum, shall include the following:

a.  Location ofpH monitoring specied in Agreed Order Action Item 1 as
described above.

b.  Other monitoring that further isolates and characterizes factors that
are causing elevated
pH in the pond discharges.        '

c.  Any immediate operational changes proposed to prevent pH Violations.

d. A list of potential best management practices
(BMPs) for prevention of these pH
violations, and an initial assessment of effectiveness of the identified BMPs.

Agreed Order Docket No. 8755
Page 4 of 8
Port of Seattle, SeattleTacoma International
Airport '

3.  Submit an interim progress
report summarizing the results of the study plan to Ecology no
later than June 30, 2012. The interim
report, at a minimum, shall include the following:

a.   Results of all monitoring completed through May
31, 2012.

b.  Summary of all pH violations and description of each pond's
cause of elevated pH
(greater than 8.5 units) during the study period. '

0.  Selected BMPs to prevent pH violations.

4.  Implement operational BMPs no later than July 31, 2012.

5.  Submit a nal report summarizing the results of the
study plan to Ecology no later than
October 31, 2012.. The report, at
a minimum, shall:

a.  Compile all sampling results as specied above and other sampling results of the
same
outfalls ofno less than two
years ago.

b.  Describe the cause of elevated pH (greater than 8.5
units) that is found to occur in each
pond. '

0.  Identify recommended BMPs to be implemented for the prevention and eradication
of
these pH violations along With the basis for
therecommendations.
6.  Implement and construct necessary structural source control and/or treatment BMPS.

a.  Compete and submit designs for BMPs nolater than December 31, 2012.

b.  Complete implementation and construction ofBMPs
no later than October 15, 2013.


If the Port fails to meet the deadlines
as set forth in Section IV of this Agreed Order, the Port
agrees to pay Ecology a stipulated penalty in the amount of $1,000 for each action item.
Ecology may'waive this penalty if the Port has demonstrated
a good faith effort to meet the
deadline AND Ecology Concurs that the delay is attributed
to delays in acquiring
permits/approvals from governmental agencies,
or other unforeseeable causes that are outside of
the Port's control.

If stipulated penalties
are imposed, Ecology shall notify the Port inwriting
through a notice of
Stipulated Penalty. Stipulated penalties are due Within 30 days of receipt of Ecology's
notication or, in the event of
a dispute, within 30 days of the completion ofthe
'                                                                                               dispute
resolution process.
.

Agreed Order Docket No. 8755
Page 5 of 8
Port of Seattle, SeattleTacoma International Airport
~

Amendments to the agreed compliance schedule
may be requested for good cause. Extension of
the deadline imposed by this Agreed Order is unlikely'and will
only be granted when requests for
extensions are submitted in writing, in
a timely fashion, and demonstrate good cause for granting
the extension. Failure to obtain fmancial assistance in the form
of grants or loans shall not be
considered good cause.
To be effective, all proposed amendments must be signed
by the person with signature authority
for each party.


This Order is effective
on the date the agreement has been'signed by both parties.


Upon completion by the Port of the actions identied in Section IV of this Agreed Order and
issuance of a Notice of Compliance by Ecology, the requirements of this
Agreed Order shall be
deemed to be fullled and shall have
no farther effect on the Port.


If a dispute arises between Ecology and the Port
regarding any non-compliance with this
Agreed Order, the parties shall attempt to resolve the dispute by informal resolution. A dispute
shall be considered to have arisen when
one party noties another, in writing, that there is 'a
dispute. If the parties cannot resolve the dispute informally Within
thiity (3 0) days, the Port
shall serve on Ecology a written Statement of Position. Within thirty (30) days afterreceipt 0f
the Port's Statement of Position, Ecology shall provide the Port with
a nal administrative
decision.

The position advanced by Ecology shall be considered
binding unless the Port elects to pursue
arbitration of the dispute. In order to pursue arbitration, the Port must hire
an arbitrator
approved by Ecology within 30 days ofreceiving Ecology's administrative decision._ The
arbitrator shall determine whether Ecology's administrative decision is consistent
with this
Agreed Order. In making this determination, the arbitrator shall review this Agreed Order, the
Statement of Position, Ecology's nal administrative decision, and evidence from
all parties.
The arbitrator will uphold Ecology's administrative decision unless the
Port demonstrates, by a
preponderance of evidence, thatEcology's administrative decision is inconsistent with this
Agreed Order. The decision of the arbitrator shall be binding
on all parties.

i
Agreed Order Docket No. 8755
Page 6 of 8
Port of Seattle, Seattle-Tacoma International
Airport

Failure to comply With this Agreed Order
may result in the issuance of Civil penalties ofup to
$10,000 per day or other actions, whether administrative
or judicial, to enforce the terms of this
Agreed Order. '


By signing this Agreed Order, the Port
may not appeal this Agreed Order, however, a third party
"I
may.

A party other than the Port has
a right'to appeal this Order to the Pollution Control
Hearing
Board (PCHB) within 30 days of the date of
receipt of this Order. The appeal process is
governed by Chapter 43.21B RCW and Chapter 37108 WAC. "Date of receipt" is dened in
RCW 43.21B.001(2).

To appeal, you must do the following within 30
days of the date of receipt of this Order:
0  File your appeal and
a copy of this Order with the PCHB (see addresses
below). Filing .
means actual receipt by'the PCHB during
regular business hours.
9  Serve a copy ofyour appeal and this Order
on Ecology in paper form  by mail or in person.
(See addresses below.) Email is not accepted.
You must also comply with other applicable
requirements in Chapter 43 .21B RCW and Chapter
37108 WAC.
'
Your appeal alone Will not stay the effectiveness of this Order.
Stay requests must be submitted
in accordance with RCW
43.21B7320.

ADDRESS AND LOCATION INFORMATION


Department of Ecology Department of Ecology
Attn: Appeals Processing Desk         Att'n: Appeals Processing Desk
300 Desmond Drive SE            PO Box 47608
Lacey, WA 98503              Olympia, WA 985044608

Pollution Control Hearings Board
.      Pollution Control Hearings Board
4224 '6"' Avenue SE               PO Box 40903
Rowe Six, Building 2               ' Olympia, WA 985040903
Lacey, WA 98503

Agreed Order Docket No.- 8755                                              Page 7 of 8
Port of Seattle, Seattle-Tacoma International Airport


CONTACT INFORMATION

Please direct all questions about this Order to:

Ed Abbasi, P.E.
Department of Ecology
Water Quality Progran
Northwest Regional Ofce
3190 160th Avenue SE
Bellevue, WA 98008-5452

Phone: (425) 649-7227
Email: eabb46 l @ecy.wa.gov

MORE INFORMATION

Pollution Control Hearings Board Website
WWW.eho.W21.gov/Boards_PCHB.ast
Chapter 43.21B RCW - Environmental Hearings Ofce  Pollution Control
Hearings Board '
http ://apps .leg.wa.gov/RCW/default. aspx?'cite=43 .21B

Chapter 37108 WAC  Practice And Procedure
http://apps.1eg.wa.gov/WAC/default.aspx?cite=371~08
Chapter 34.05 RCW  Administrative Procedure Act
http://apps.leg.wa. gov/RCW/default.aspx?cite=34.05
Laws: www.ecy.wa..gov/laws-rules/ecyrcwhtml

Rules: WWW.ecy.W21.gov/lawsrules/eoywachtml

Agreed Order Docket No. 8755
.
Page 8 of 8
Port of Seattle, SeattleTacoma International Airport
rm/La?l"4/? 'W
Kevin C Fitzpatiick                   Date
.
Water Quality Section Manager
Department of Ecology
Northwest Regional Ofce


Elizabeth Leavitt                       Date
Director
_
Aviation Planning & Environmental Programs
Port of Seattle
Seattle-Tacoma International Airport