Chapter 11.05
STATE ENVIRONMENTAL POLICY ACT
Sections:
11.05.010 Policies and authority.
11.05.020 Purpose and adoption by reference.
11.05.030 Additional definitions.
11.05.040 Designation of responsible official.
11.05.050 Lead agency determination and responsibilities.
11.05.060 Time limits and other considerations applicable to SEPA Rules.
11.05.070 Designation of official to perform consulted agency responsibilities for the District.
11.05.080 Threshold determinations and use of exemptions.
11.05.090 Environmental impact statement (EIS).
11.05.110 Using environmental documents.
11.05.120 SEPA and agency decisions.
11.05.140 Categorical exemption.
11.05.010 Policies and authority.
(1) The District adopts these policies and procedures under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, Chapter 197-11 WAC.
(2) The District’s SEPA policies and procedures were previously amended by Resolution No. 463. Those SEPA policies and procedures are hereby restated in their entirety.
(3) The SEPA Rules set forth in Chapter 197-11 WAC must be used in conjunction with these policies and procedures. These policies and procedures are intended to be and shall be construed in a manner which is consistent with the SEPA Rules set forth in Chapter 197-11 WAC. Any inconsistencies will be resolved in favor of the applicable SEPA Rules. [Res. 729 § B(1), 2005; Res. 463 § 1, 1984.]
11.05.020 Purpose and adoption by reference.
This section contains the basic requirements that apply to the SEPA process. The District adopts by reference the following sections or subsections of Chapter 197-11 WAC:
WAC
197-11-040 Definitions
197-11-050 Lead agency
197-11-055 Timing of the SEPA process
197-11-060 Content of environmental review
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 applicants
197-11-220 SEPA/GMA definitions
197-11-230 Timing of an integrated GMA/SEPA process
197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping
197-11-235 Documents
197-11-250 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 for MTCA remedial action
197-11-265 Early scoping for MTCA remedial actions
197-11-268 MTCA interim actions
[Res. 729 § B(2.1), 2005; Res. 463 § 2, 1984.]
11.05.030 Additional definitions.
In addition to the definitions referenced in LSSDC 11.05.020 and 11.05.130, when used in these procedures, the following terms shall have the following meanings, unless the context indicates otherwise:
“District” means the Lake Stevens Sewer District, Snohomish County, State of Washington.
“DOE” means the Department of Ecology.
“Manager” means the Manager of the District.
“SEPA Rules” means Chapter 197-11 WAC as adopted and amended by the Department of Ecology. [Res. 729 § B(2.2), 2005; Res. 463 § 3, 1984.]
11.05.040 Designation of responsible official.
(1) If the District is the lead agency for a proposal, the responsible official shall be the Manager or the Manager’s designee.
(2) If the District is the lead agency for a proposal, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (“EIS”), and perform any functions assigned to the “lead agency” or “responsible official” by these policies and procedures.
(3) The District shall retain all documents required by these provisions and make them available in accordance with Chapter 42.17 RCW. [Res. 729 § B(2.3), 2005; Res. 463 § 4, 1984.]
11.05.050 Lead agency determination and responsibilities.
(1) As set forth in LSSDC 11.05.150, the District has adopted SEPA Rules regarding lead agency determinations. The policies set forth in this subsection are intended to be and shall be construed in a manner which is consistent with such SEPA Rules.
(2) When the District initiates a proposal, or receives an application for a proposal that involves an action not exempt under SEPA, it shall determine the lead agency for that proposal under applicable law, unless the lead agency has been previously determined or the responsible official is aware that another agency is in the process of determining the lead agency.
(3) Pursuant to WAC 197-11-926, the District is the lead agency for the proposals it initiates unless otherwise agreed pursuant to subsection (6) of this section.
(4) When the District is not the lead agency for a proposal, it shall use and consider, as appropriate, the environmental documents of the lead agency in making decisions on the proposal. The District shall not prepare or require preparation of environmental documents in addition to that prepared by the lead agency, unless the District is otherwise authorized or required to do so under applicable law.
(5) If the District receives a lead agency determination made by another agency that appears inconsistent with the criteria established by applicable law for making such determinations, the District may, if it otherwise has jurisdiction over the proposal, take such action as authorized by the SEPA Rules.
(6) The responsible official is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal as authorized by applicable law.
(7) When the District is not the lead agency but is an agency with jurisdiction or expertise and is consulted by the lead agency to provide information during the SEPA process, the District shall direct the official designated per LSSDC 11.05.070 to respond to and cooperate with the lead agency so that the lead agency may fulfill its responsibilities under SEPA. [Res. 729 § B(2.4), 2005; Res. 463 § 5, 1984.]
11.05.060 Time limits and other considerations applicable to SEPA Rules.
(1) Except as may otherwise be required by applicable law, the time frame within which the District shall conduct environmental review shall be determined on a case-by-case basis, consistent with these policies and procedures and the best interests of the District.
(2) For nonexempt proposals, the issued determination of nonsignificance (“DNS”), mitigated DNS (“MDNS”), final environmental impact statement (“FEIS”) and/or such other environmental documentation as the responsible official deems appropriate shall accompany any District’s staff recommendation for action on the nonexempt proposal to the Board of Directors. [Res. 729 § B(2.5), 2005.]
11.05.070 Designation of official to perform consulted agency responsibilities for the District.
(1) The Manager or the Manager’s designee shall be responsible for the preparation of written comments for the District in response to a consultation request prior to another agency’s issuance of a threshold determination, participation in presubmittal conferences, or review of a draft EIS.
(2) The Manager or the Manager’s designee shall be responsible for the District’s implementation of applicable SEPA Rules whenever the District is a consulted agency. The Manager or the Manager’s designee is authorized to develop operating procedures that shall ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate offices of the District.
(3) No fees shall be collected by the District for performing its duties as a consulted agency. The District may, however, charge any person for copies of any documents prepared pursuant to the requirements of this policy and for mailing thereof, in a manner provided by Chapter 42.17 RCW. [Res. 729 § B(2.6), 2005; Res. 463 § 14, 1984.]
11.05.080 Threshold determinations and use of exemptions.
(1) Purpose and Adoption by Reference. This section contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an EIS. This section also contains rules for evaluating the impacts of proposals not requiring an EIS. The District adopts by reference the following sections of Chapter 197-11 WAC:
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 non-significance (DNS)
197-11-350 Mitigated DNS
197-11-360 Determination of significance (DS)/initiation of scoping
197-11-390 Effect of threshold determination
(2) Other Exemption Considerations. As set forth in LSSDC 11.05.140, the District has adopted certain categorical exemptions provided under SEPA. In determining whether a proposal is exempt from SEPA, the District also adopts and shall apply any flexible thresholds for categorical exemptions or critical areas modifications that may be adopted by the city or county in which the proposal is located in accordance with SEPA, including but not limited to the following:
(a) When the District receives an application for a license or when the District initiates a proposal, it shall determine whether the license and/or the proposal is exempt. The District’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 District shall not require completion of an environmental checklist for an exempt proposal.
(b) In determining whether or not a proposal is exempt, the District 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 District shall determine the lead agency, even if the license application that triggers the District’s consideration is exempt.
(c) If a proposal includes both exempt and nonexempt actions, the District may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:
(i) The District shall not give authorization for:
(A) Any nonexempt action;
(B) Any action that would have an adverse environmental impact; or
(C) Any action that would limit the choice of alternatives.
(ii) The District 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
(iii) The District 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.
(3) Environmental Checklist. 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 other approval not specifically exempted in this chapter, except a checklist is not needed if the District and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The District shall use the environmental checklist to determine the lead agency and, if the District is the lead agency, for determining the responsible official and for making the threshold determination. For private proposals, the District will require the applicant to complete the environmental checklist, providing assistance as necessary. For District proposals, the District shall complete the environmental checklist for that proposal.
(4) Mitigated DNS. As provided in this section and in WAC 197-11-350, the District may clarify or change features of its own proposals, and may specify mitigation measures in its own DNS, as a result of comments of other agencies or the public or as a result of additional District planning. For private proposals, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or based on changes to, or clarifications of, the proposal made by the applicant.
A mitigated DNS is issued under WAC 197-11-340(2), requiring a 15-day comment period and public notice. 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 provided by the District. [Res. 729 § B(3), 2005; Res. 463 §§ 6 – 9, 1984.]
11.05.090 Environmental impact statement (EIS).
(1) Purpose and Adoption by Reference. This section contains the rules for preparing environmental impact statement. The District adopts by reference the following sections of Chapter 197-11 WAC:
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 Expanding 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 non-project proposals
197-11-443 EIS contents when prior non-project 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
(2) Preparation of Environmental Documents – Additional Considerations. Preparation of environmental documents is the responsibility of the Manager, the Manager’s designee, or a consultant selected by the District. The District will not issue an EIS until the responsible official is satisfied that it complies with these policies and procedures and Chapter 197-11 WAC. [Res. 729 § B(4), 2005; Res. 463 §§ 10, 11, 1984.]
11.05.100 Commenting.
(1) Purpose and Adoption by Reference. This section contains rules for consulting, commenting and responding on all environmental documents under SEPA, including rules for public notice and hearings. The District adopts by reference the following sections of Chapter 197-11 WAC:
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 comment
197-11-550 Specificity of comments
197-11-560 FEIS response to comments
197-11-570 Consulted agency costs to assist lead agency
(2) Public Notice.
(a) Except as otherwise provided by these policies and procedures, whenever the District issues an environmental document under SEPA which requires public notice, including a DNS pursuant to WAC 197-11-340(2), a DS pursuant to WAC 197-11-360(3), a DEIS pursuant to WAC 197-11-455(5), or a SEIS pursuant to WAC 197-11-620, the District shall give public notice as follows:
(i) Publishing notice in agency newsletters and/or sending letters to agency mailing lists (either general lists or lists for specific proposals or subject areas) posting the property for site-specific proposals; or
(ii) Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located.
(b) In addition to the methods for giving public notice identified in subsection (2)(a) of this section, whenever notice is required to be given by these policies and procedures, the responsible official may designate any one or more of the following methods of providing such notice if the responsible official determines that such methods are required or otherwise appropriate in a particular case:
(i) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;
(ii) Notifying the news media;
(iii) Placing notices in appropriate regional, neighborhood, ethnic or trade journals; and/or
(iv) Posting the property for site-specific proposals.
(c) Whenever possible, the District shall integrate the notice procedures required by these policies and procedures with existing notice procedures otherwise required by applicable law.
(d) The District may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. [Res. 729 § B(5), 2005; Res. 463 §§ 12, 13, 1984.]
11.05.110 Using environmental documents.
(1) Purpose and Adoption by Reference. This section contains rules for using and supplementing existing environmental documents prepared under SEPA or the National Environmental Policy Act (NEPA) for the District’s own environmental compliance. The District adopts by reference the following sections of Chapter 197-11 WAC:
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
[Res. 729 § B(6), 2005; Res. 463 § 15, 1984.]
11.05.120 SEPA and agency decisions.
(1) Purpose and Adoption by Reference. This section contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This section also contains procedures for appealing SEPA determinations to the courts. The District adopts by reference the following sections of Chapter 197-11 WAC:
WAC
197-11-650 Purpose of this part
197-11-655 Implementation
197-11-660 Substantive authority in mitigation
197-11-680(4), (5) Appeals
(2) Notice of Action. The District may publish notice of action taken by the District under these policies and procedures, and pursuant to RCW 43.21C.080. The form of any such notice shall be substantially in the form provided by the SEPA Rules.
(3) Appeals. The District hereby: (a) eliminates, pursuant to WAC 197-11-680(2), appeals to its legislative body of any decision by a nonelected official conditioning or denying a proposal under authority of SEPA; and (b) elects, pursuant to WAC 197-11-680(3), not to provide for administrative appeals of determinations relating to SEPA.
(4) Substantive Authority.
(a) The policies set forth in this section are supplementary to those in existing authorizations of the District.
(b) Any District action on a proposal that is not exempt may be conditioned or denied under SEPA to mitigate the environmental impacts, subject to the limitations of WAC 197-11-660 and such other applicable laws.
(c) The District 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. The District formally designates and adopts the following policies to be considered by the District in connection with the District’s exercise of substantive SEPA authority. The District shall consider, as appropriate and practical under the circumstances, the impacts of such action as to one or more of the following factors:
(i) The potential to protect the water quality of Lake Stevens;
(ii) The potential to foster a safe, healthful, and productive environment;
(iii) The potential to fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(d) The District formally designates and adopts the following plans, policies, and resolutions as policies to be considered by the District, as appropriate and practical under the circumstances, in conjunction with those policies adopted in subsection (4)(c) of this section:
(i) Lake Stevens Sewer District Capital Facilities Plan.
(ii) City of Lake Stevens comprehensive plan, land use and capital facilities elements.
(iii) City of Marysville comprehensive plan, land use and capital facilities elements.
(iv) Snohomish County comprehensive plan, land use and capital facilities elements.
(e) Nothing in this section shall be construed in a manner which makes this section inconsistent with WAC 197-11-660, pursuant to WAC 197-11-906(2)(g). [Res. 729 § B(7), 2005; Res. 463 §§ 16 – 18, 1984.]
11.05.130 Definitions.
(1) Purpose and Adoption by Reference. This section contains uniform usage and definitions of terms under SEPA. The District adopts by reference the following sections of Chapter 197-11 WAC:
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
197-11-722 Consolidated appeal
197-11-724 Consultant 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 non-significance (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
197-11-748 Environmentally sensitive area
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 Non-project
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
[Res. 729 § B(8), 2005; Res. 463 § 19, 1984.]
11.05.140 Categorical exemption.
(1) Adoption by Reference. This section contains rules for determining proposals categorically exempt from SEPA. The District adopts by reference the following rules for categorical exemptions:
WAC
197-11-800 Categorical exemptions
197-11-880 Emergencies
197-11-890 Petitioning DOE to change exemptions
197-11-908 Critical areas
[Res. 729 § B(9), 2005; Res. 463 § 20, 1984.]
11.05.150 Agency compliance.
(1) Purpose and Adoption by Reference. This section contains rules for agency compliance with SEPA. The District adopts by reference the following sections of Chapter 197-11 WAC:
WAC
197-11-900 Purpose of this part
197-11-902 Agency SEPA action
197-11-916 Application to ongoing actions
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 for more than one agency, when one of the agencies is county/city
197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies
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
[Res. 729 § B(10.1), 2005; Res. 463 § 21, 1984.]
11.05.160 Forms.
(1) Purpose and Adoption by Reference. This section contains forms for certain SEPA environmental documents. The District adopts and attaches hereto the following forms and sections by reference:
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 (DNS)
197-11-985 Notice of assumption of lead agency status
197-11-990 Notice of action
[Res. 729 § B(11), 2005; Res. 463 § 24, 1984.]