Chapter 18.01 ENVIRONMENTAL STANDARDS

The City of Airway Heights adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. This chapter contains this City’s SEPA procedures and policies. The SEPA rules, Chapter 197-11 WAC, must be used in conjunction with this chapter. (Ord. C-445, 2000)

18.01.020 Purpose – Adoption by reference.

This part contains the basic requirements that apply to the SEPA process. The City adopts the following sections of Chapter 197-11 WAC by reference, and as the same may be hereafter amended:


WAC
197-11-040	Definitions.
197-11-050	Lead agency.
197-11-055	Timing of SEPA process.
197-11-060	Content of the environmental review. (The optional provision of WAC 197-11-060(3)(c) is adopted; provided, analysis of more than one independent private proposal shall occur in a single environmental document only if all affected private applicants agree to such an analysis.)
197-11-070	Limitations of actions during SEPA process.
197-11-080	Incomplete or unavailable information.
197-11-090	Supporting documents.
197-11-100	Information required of participants.
197-11-158	GMA project review – Reliance on existing plans, laws, and regulations.
197-11-164	Planned actions – Definitions and criteria.
197-11-168	Ordinances or resolutions designating planned actions – Procedures for adoption.
197-11-172	Planned actions – Project review.
197-11-210	SEPA/GMA integration.
197-11-220	SEPA/GMA definitions.
197-11-228	Overall SEPA/GMA integration procedures.
197-11-230	Timing of integrated GMA/SEPA process.
197-11-232	SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.
197-11-235	Documents.
197-11-238	Monitoring.
197-11-250	SEPA/Model Toxics Control Act integration.
197-11-253	SEPA lead agency for MTCA actions.
197-11-256	Preliminary evaluation.
197-11-259	Determination of nonsignificance for MTCA remedial action.
197-11-262	Determination of significance and EIS for MTCA remedial actions.
197-11-265	Early scoping for MTCA remedial actions.
197-11-268	MTCA interim actions.

(Ord. C-445, 2000)

18.01.030 Additional definitions.

In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:

“Department” means any division, subdivision, or organizational unit of the City established by ordinance, rule, or order.

“Early notice” means the City’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance (MDNS) procedures).

“Ordinance” means ordinance, resolution, or other procedure used by the City to adopt regulatory requirements.

“SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology. (Ord. C-445, 2000)

18.01.040 Designation of responsible official.

A. For those proposals for which the City is the lead agency, the responsible official shall be the head of the department making the proposal or his/her designee. For private proposals, the head of the department with primary responsibility for approving permits and licenses for the proposal shall be the responsible official.

B. For all proposals for which the City is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible official” by those sections of the SEPA rules that were adopted by reference in AHMC 18.01.020.

C. In performing the above duties, the responsible official may consider the recommendations of the following persons or their designees: City Planner, City Engineer, Building Inspector, Fire Chief, Police Chief, Director of Public Works and such other persons as the responsible official may desire to consult, including private consultants. (Ord. C-445, 2000)

18.01.050 Lead agency determination and responsibilities.

A. The department within the City receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.

B. When the City is the lead agency for a proposal, the responsible official shall comply with the provisions of AHMC 18.01.040(B).

C. When the City is not the lead agency for a proposal, all departments of the City shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No City department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the City may conduct supplemental environmental review under WAC 197-11-300.

D. If the City or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination, or the City must petition the Department of Ecology for a lead agency determination.

E. Departments of the City are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.

F. Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal (that is: which agencies require nonexempt licenses?). (Ord. C-445, 2000)

18.01.060 Transfer of lead agency determination and responsibilities.

For any proposal for a private project where the City would be the lead agency and for which one or more state agencies have jurisdiction, the City’s responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the City shall be an agency with jurisdiction. To transfer lead agency duties, the City’s responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official of the City shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. C-445, 2000)

18.01.070 Additional timing considerations.

A. For nonexempt proposals, the DNS or FEIS for the proposal shall accompany the City’s staff recommendation to any appropriate advisory body, such as the Planning Commission or similar advisory bodies.

B. If the City’s only action on a proposal is a decision on a building permit that required detailed project plans and specifications, the applicant may request in writing that the City conduct environmental review prior to submission of the detailed plans and specifications. If such a request is made, site plans prepared in accordance with the provisions of the zoning code of the City shall accompany the environmental checklist for nonexempt construction. (Ord. C-445, 2000)

18.01.080 Categorical exemptions and threshold determinations – Purpose of this part and adoption by reference.

This part contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The City adopts the following sections of Chapter 197-11 WAC by reference and as the same may be hereafter amended, as supplemented in this part:


WAC
197-11-300	Purpose of this part.
197-11-305	Categorical exemptions.
197-11-310	Threshold determination required.
197-11-315	Environmental checklist.
197-11-330	Threshold determination process.
197-11-335	Additional information.
197-11-340	Determination of nonsignificance (DNS).
197-11-350	Mitigated DNS.
197-11-355	Optional DNS process.
197-11-360	Determination of significance (DS/initiation of scoping).
197-11-390	Effect of threshold determination.

(Ord. C-445, 2000)

18.01.090 Flexible thresholds for categorical exemptions.

A. The City establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(c) based on local conditions:

1. For residential dwelling units in WAC 197-11-800(1)(b)(i): Up to 20 dwelling units.

2. For agriculture structures in WAC 197-11-800(1)(b)(ii): Up to 30,000 square feet.

3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii): Up to 12,000 square feet and up to 40 parking spaces.

4. For parking lots in WAC 197-11-800(1)(b)(iv): Up to 40 parking spaces.

5. For landfills and excavations in WAC 197-11-800(1)(b)(v): Up to 500 cubic yards.

B. Whenever the City establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504 under WAC 197-11-800(1)(c). (Ord. C-445, 2000)

18.01.100 Use of exemptions.

A. For each department within the City that receives an application for a license or, in the case of governmental proposals, for the department initiating the proposal, the responsible official shall determine whether the license and/or the proposal is exempt. The responsible official’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The City shall not require completion of an environmental checklist for an exempt proposal.

B. In determining whether or not a proposal is exempt, the responsible official shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency, even if the license application that triggers the responsible official’s consideration is exempt.

1. If a proposal includes both exempt and nonexempt actions, the responsible official may authorize exempt and nonexempt actions. The responsible official may authorize exempt actions prior to compliance with the procedural requirements of this chapter;

2. The responsible official may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and

3. The responsible official may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. (Ord. C-445, 2000)

18.01.110 Environmental checklist.

A. A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or the approval not specifically exempted in this chapter; except, a checklist is not needed if the responsible official and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The City shall use the environmental checklist to determine the lead agency and, if the City is the lead agency, for determining the responsible official and for making the threshold determination.

B. For private proposals, the City will require the applicant to complete the environmental checklist, providing assistance as necessary. For City proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

C. The City may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:

1. The City has technical information on a question or questions that is unavailable to the private applicant; or

2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. (Ord. C-445, 2000)

18.01.120 Mitigated DNS.

A. As provided in this section and in WAC 197-11-350, the responsible official may issue a mitigated DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.

B. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and

2. Precede the responsible official’s actual threshold determination for the proposal.

C. The responsible officials should respond to the request for early notice within 15 calendar days. The response shall:

1. Be written;

2. State whether the responsible official currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the responsible official to consider a DS; and

3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

D. As much as possible, the responsible official should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

E. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the responsible official shall base his/her threshold determination on the changed or clarified proposal and should make the determination within 15 calendar days of receiving the changed or clarified proposal:

1. If the responsible official indicated specific mitigation measures in his/her response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the responsible official shall issue and circulate a DNS under WAC 197-11-340(2).

2. If the responsible official indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue an MDNS, the responsible official shall make the threshold determination, issuing a DNS or DS as appropriate.

3. The applicant’s proposed mitigation measures (clarifications, changes, or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent storm water run-off” are not adequately specific.

4. Mitigation measures that justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other document.

F. Mitigated DNSs issued under WAC 197-11-340(2) require a 14-day comment period and public notice.

G. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the City.

H. If the responsible official’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the responsible official should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).

I. The City’s written response under subsection (B) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the City to consider the clarifications or changes in its threshold determination. (Ord. C-445, 2000)

18.01.130 Environmental impact statement – Purpose of this part and adoption by reference.

This part contains the rules for preparing environmental impact statements. The City adopts the following sections of Chapter 197-11 WAC by reference and as the same may be hereafter amended, as supplemented by the part:


WAC
197-11-400	Purpose of EIS.
197-11-402	General requirements.
197-11-405	EIS types.
197-11-406	EIS timing.
197-11-408	Scoping.
197-11-410	Expanded scoping.
197-11-420	EIS preparation.
197-11-425	Style and size.
197-11-430	Format.
197-11-435	Cover letter or memo.
197-11-440	EIS contents.
197-11-442	Contents of EIS on nonproject proposals.
197-11-443	EIS contents when prior nonproject EIS.
197-11-444	Elements of the environment.
197-11-448	Relationship of EIS to other considerations.
197-11-450	Cost-benefit analysis.
197-11-455	Issuance of DEIS.
197-11-460	Issuance of FEIS.

(Ord. C-445, 2000)

18.01.140 Preparation of EIS – Additional considerations.

A. Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the Department of Planning under the direction of the responsible official. Before the City issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

B. The DEIS and FEIS or draft and final SEIS shall be prepared by City staff, the applicant, or by a consultant selected by the City or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the City will prepare the EIS, the responsible official shall notify the applicant of the City’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.

C. The City may require an applicant to provide information the City does not possess, including specific information that is not required under this chapter or that is being requested from another agency. This does not apply to information the City may request under another ordinance or statute. (Ord. C-445, 2000)

18.01.150 Commenting – Adoption by reference.

This part contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The City adopts the following sections by reference, as supplemented in this part:


WAC
197-11-500	Purpose of this part.
197-11-502	Inviting comment.
197-11-504	Availability and cost of environmental documents.
197-11-508	SEPA register.
197-11-535	Public hearings and meetings.
197-11-545	Effect of no comments.
197-11-550	Specificity of comments.
197-11-560	FEIS response to comments.
197-11-570	Consulted agency costs to assist lead agency.

(Ord. C-445, 2000)

18.01.160 Public notice.

A. Whenever the City issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the City shall give public notice as follows:

1. If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.

2. If no public notice is required for the permit or approval, the City shall give notice of the DNS or DS by:

a. Posting the property for site-specific proposals; and

b. Publishing notice in a newspaper of general circulation in the City.

3. Whenever the City issues a DS under WAC 197-11-360, the City shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.

B. Whenever the City issues a DEIS under WAC 197-11-455(5), an FEIS under WAC 197-11-460, or an SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by indicating the availability of the DEIS in any public notice required for a nonexempt license and at least one of the following:

1. Posting the property, for site-specific proposals;

2. Publishing notice in a newspaper of general circulation in the City.

C. Whenever possible, the City shall integrate the public notice required under this section with existing notice procedures for the City’s nonexempt permit(s) or approval(s) required for the proposal. (Ord. C-445, 2000)

18.01.170 Designation of official to perform consulted agency responsibilities for the City.

A. The Director of Planning or his/her designee shall be responsible for preparation of written comments for the City in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.

B. The Director of Planning or his/her designee shall be responsible for the City’s compliance with WAC 197-11-550 whenever the City is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the City. (Ord. C-445, 2000)

18.01.180 Using existing environmental documents – Purpose of this part and adoption by reference.

This part contains rules for using and supplementing existing environmental documents prepared under SEPA or the National Environmental Policy Act (NEPA) for the City’s own environmental compliance. The City adopts the following sections of Chapter 197-11 WAC by reference and as the same may be hereafter amended, as supplemented by this part:


WAC
197-11-600	When to use existing environmental documents.
197-11-610	Use of NEPA documents.
197-11-620	Supplemental environmental impact statement – Procedures.
197-11-625	Addenda – Procedures.
197-11-630	Adoption – Procedures.
197-11-635	Incorporation by reference – Procedures.
197-11-640	Combining documents.

(Ord. C-445, 2000)

18.01.190 SEPA and agency decisions – Purpose of this part and adoption by reference.

This part contains rules and policies for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The City adopts the following sections of Chapter 197-11 WAC by reference and as the same may be hereafter amended, as supplemented by this part:


WAC
197-11-650	Purpose of this part.
197-11-655	Implementation.
197-11-660	Substantive authority and mitigation.
197-11-680	Appeals.

(Ord. C-445, 2000)

18.01.200 Substantive authority.

A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the City.

B. The City may attach conditions to a permit or approval for a proposal so long as:

1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

2. Such conditions are in writing; and

3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4. The City has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions are based on one or more policies in subsection (D) of this section and cited in the license or other decision document.

C. The City may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in an FEIS or final SEIS prepared pursuant to this chapter; and

2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

3. The denial is based on one or more policies identified in subsection (D) of this section and identified in writing in the decision document.

D. The City designates and adopts the following policies as the basis for the City’s exercise of authority pursuant to this section:

1. The City shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:

a. Fulfill the responsibilities of each generation as trustee of the environment of succeeding generations;

b. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

d. Preserve important historic, cultural, and natural aspects of our national heritage;

e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

2. The City recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

E. When any proposal or action not requiring a decision of the City Council is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the City Council. Such appeal may be perfected by the proponent or any aggrieved party by giving notice to the responsible official within 10 days of the decision being appealed. Review by the City Council shall be on a de novo basis. (Ord. C-445, 2000)

18.01.210 Appeals.

A. The City establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:

1. Any agency or person may appeal the City’s procedural compliance with Chapter 197-11 WAC for issuance of the following:

a. A final DNS: Appeal of the DNS must be made to the City Council within five calendar days of the date the DNS is final.

b. A DS: The appeal must be made to the City Council within five calendar days of the date the DS is issued.

c. An EIS: Appeal of the FEIS must be made to the City Council within five calendar days of the date the permit or other approval is issued.

2. For any appeal under this subsection, the City shall provide for a record that shall consist of the following:

a. Findings and conclusions;

b. Testimony under oath; and

c. A taped or written transcript. The City may require the appellant to provide an electronic transcript at the appellant’s expense.

3. The procedural determination by the City’s responsible official shall carry substantial weight in any appeal proceeding.

B. The City shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. (Ord. C-445, 2000)

18.01.220 Notice – Statute of limitations.

A. The City shall publish a notice of action pursuant to RCW 43.21C.080 for any final action taken following review under SEPA (Chapter 197-11 WAC).

B. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be prepared by the responsible official and published by the Clerk-Treasurer. (Ord. C-445, 2000)

18.01.230 Definitions – Purpose of this part and adoption by reference.

This part contains uniform usage and definitions of terms under SEPA. The City adopts the following sections of Chapter 197-11 WAC by reference, as supplemented by WAC 173-806-040 and as each of the same may be hereafter amended:


WAC
197-11-700	Definitions.
197-11-702	Act.
197-11-704	Action.
197-11-706	Addendum.
197-11-708	Adoption.
197-11-710	Affected tribe.
197-11-712	Affecting.
197-11-714	Agency.
197-11-716	Applicant.
197-11-718	Built environment.
197-11-720	Categorical exemption.
197-11-721	Closed record appeal.
197-11-722	Consolidated appeal.
197-11-724	Consulted agency.
197-11-726	Cost-benefit analysis.
197-11-728	County/city.
197-11-730	Decision maker.
197-11-732	Department.
197-11-734	Determination of nonsignificance (DNS).
197-11-736	Determination of significance (DS).
197-11-738	EIS.
197-11-740	Environment.
197-11-742	Environmental checklist.
197-11-744	Environmental document.
197-11-746	Environmental review.
197-11-750	Expanded scoping.
197-11-752	Impacts.
197-11-754	Incorporation by reference.
197-11-756	Lands covered by water.
197-11-758	Lead agency.
197-11-760	License.
197-11-762	Local agency.
197-11-764	Major action.
197-11-766	Mitigated DNS.
197-11-768	Mitigation.
197-11-770	Natural environment.
197-11-772	NEPA.
197-11-774	Nonproject.
197-11-775	Open record hearing.
197-11-776	Phased review.
197-11-778	Preparation.
197-11-780	Private project.
197-11-782	Probable.
197-11-784	Proposal.
197-11-786	Reasonable alternative.
197-11-788	Responsible official.
197-11-790	SEPA.
197-11-792	Scope.
197-11-793	Scoping.
197-11-794	Significant.
197-11-796	State agency.
197-11-797	Threshold determination.
197-11-799	Underlying governmental action.

(Ord. C-445, 2000)

18.01.240 Categorical exemptions – Adoption by reference.

The City adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-070 (flexible thresholds), WAC 173-806-080 (use of exemptions) and WAC 173-806-190 (environmentally sensitive areas) all as they now exist or may be hereafter amended:


WAC
197-11-800	Categorical exemptions.
197-11-880	Emergencies.
197-11-890	Petitioning DOE to change exemptions.

(Ord. C-445, 2000)

18.01.250 Agency compliance – Purpose of this part and adoption by reference.

This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. This City adopts the following sections of Chapter 197-11 WAC by reference, as supplemented by WAC 173-806-043 through 173-806-045 and as each of the same may be hereafter amended:


WAC
197-11-900	Purpose of this part.
197-11-902	Agency SEPA policies.
197-11-904	Agency SEPA procedures.
197-11-906	Content and consistency of agency procedures.
197-11-908	Critical areas.
197-11-910	Designation of responsible official.
197-11-912	Procedures of consulted agencies.
197-11-914	SEPA fees and costs.
197-11-916	Application to ongoing actions.
197-11-917	Relationship to Chapter 197-10 WAC.
197-11-918	Lack of agency procedures.
197-11-920	Agencies with environmental expertise.
197-11-922	Lead agency rules.
197-11-924	Determining the lead agency.
197-11-926	Lead agency for governmental proposals.
197-11-928	Lead agency for public and private proposals.
197-11-930	Lead agency for private projects with one agency with jurisdiction.
197-11-932	Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a city.
197-11-934	Lead agency for private projects requiring licenses from a local agency, not a city, and one or more state agency.
197-11-936	Lead agency for private projects requiring licenses from more than one state agency.
197-11-938	Lead agencies for specific proposals.
197-11-940	Transfer of lead agency status to a state agency.
197-11-942	Agreements on lead agency status.
197-11-944	Agreements on division of lead agency duties.
197-11-946	DOE resolution of lead agency disputes.
197-11-948	Assumption of lead agency status.
197-11-950	Severability.
197-11-955	Effective date.

(Ord. C-445, 2000)

18.01.260 Fees.

The City shall require fees for its activities as set forth in resolutions adopted by the City Council. (Ord. C-445, 2000)

18.01.270 Forms – Adoption by reference.

The City adopts the following forms and sections of Chapter 197-11 WAC by reference and as the same may be hereafter amended or modified by the City where permitted:


WAC
197-11-960	Environmental checklist.
197-11-965	Adoption notice.
197-11-970	Determination of nonsignificance (DNS).
197-11-980	Determination of significance and scoping notice (DS).
197-11-985	Notice of assumption of lead agency status.
197-11-990	Notice of action.

(Ord. C-445, 2000)