3003 W CASINO RD BLDG 45-12 2016-10-20

Kirk Brooks From: Jane Zimmerman Sent: Monday, June 08, 2015 11:30 AM To: Kirk Brooks Cc: Paul McKee Subject: FW: Boeing 45-12 FYI From: David Hall Sent: Friday, May 22, 2015 1:33 PM To: Heather Kibbey Cc: Jim Miller; Heather Griffin; Jane Zimmerman Subject: RE: Boeing 45-12 Heather: This is to confirm our conversation last week concerning the stormwater issue related to the Boeing 45-12 project. As we discussed, the question is not whether the City is exposed to liability for taking a particular course of action, but whether the proposed method of handling stormwater—routing it to a lawful detention/treatment facility in Snohomish County—is consistent with our NPDES stormwater permit obligations. As you know, contracting to use existing detention, whether in the same jurisdiction or an adjacent jurisdiction, is a common and accepted practice. The County, both as the regulatory authority with jurisdiction over the subject detention facility and as the owner/operator of Paine Field and the Paine Field detention facility, has legal obligations to ensure stormwater it contracts to accept is handled in compliance with its legal obligations. Their obligations will be those of a Phase I permittee. The responsibility for ensuring those obligations are met is the County's. I hope this helps to clarify this matter. David C. Hall Deputy City Attorney City of Everett 2930 Wetmore Avenue, Suite 10 B Everett, Washington 98201 dhallCaD_everettwa.gov PA app (#15-014) on Friday!