Chapter 14.04
ENVIRONMENTAL POLICY ACT*
Sections:
14.04.005 Adopts WAC model provisions.
14.04.010 State policies adopted.
14.04.020 SEPA guidelines – Adopted by reference.
14.04.030 Additional definitions.
14.04.040 Time limits applicable to the SEPA process.
14.04.060 Lead agency determination and responsibilities.
14.04.070 Transfer of lead agency status to a state agency.
14.04.080 Environmental checklist.
14.04.100 Additional elements to be covered in an EIS.
14.04.110 Official designated to perform consulted agency responsibilities for city.
14.04.120 Designation of responsible official.
14.04.130 SEPA public information center.
14.04.150 Notice – Statute of limitations.
* For statutory provisions authorizing cities to adopt state statutes and codes by reference, see RCW 35.21.180; for provisions requiring cities to adopt environmental regulations consistent with state guidelines, see RCW 43.21C.120(3).
14.04.005 Adopts WAC model provisions.
Chapter 173-806 WAC, model ordinance, is adopted as the city’s rules and regulations for environmental protection. (Ord. 659, 1984).
14.04.010 State policies adopted.
The city adopts by reference the policies of the State Environmental Policy Act as expressed in RCW 43.21C.010 and 43.21C.020. (Ord. 503, 1976).
14.04.020 SEPA guidelines – Adopted by reference.
The city adopts by reference the following sections or subsections of Chapter 197-10 WAC, the “SEPA Guidelines” adopted by the State Council on Environmental Policy:
WAC
197-10-040 Definitions.
197-10-060 Scope of a proposal and its impacts.
197-10-160 No presumption of significance for nonexempt actions.
197-10-170 Categorical exemptions.
197-10-175 Exemptions and nonexemptions applicable to specific state agencies.
197-10-180 Exemptions for emergency actions.
197-10-200 Lead agency – Responsibilities.
197-10-203 Determination of lead agency –Procedures.
197-10-205 Lead agency designation –Governmental proposals.
197-10-210 Lead agency designation – Proposals involving both private and public construction.
197-10-215 Lead agency designation – Private projects for which there is only one agency.
197-10-220 Lead agency designation – Private projects, licenses from more than one agency when one is city.
197-10-225 Lead agency designation – Private projects, license from more than one state agency.
197-10-230 Lead agency designation – Specific proposals.
197-10-235 Local agency transfer of lead agency status to a state agency.
197-10-240 Agreements as to lead agency status.
197-10-245 Agreements between agencies as to division of lead agency duties.
197-10-260 Dispute as to lead agency determination – Resolution by CEP.
197-10-270 Assumption of lead agency by another agency with jurisdiction.
197-10-300 Threshold determination requirement.
197-10-305 Recommended timing for threshold determination.
197-10-310 Threshold determination procedures – Environmental checklist.
197-10-320 Threshold determination procedures – Initial review of environmental checklist.
197-10-330 Threshold determination procedures – Information in addition to checklist.
197-10-340 Threshold determination procedures – Negative declarations.
197-10-345 Assumption of lead agency status by another agency with jurisdiction – Prerequisites, effects and form of notice.
197-10-350 Affirmative threshold determinations.
197-10-355 Form of declaration of significance/nonsignificance.
197-10-360 Threshold determination criteria – Application of environmental checklist.
197-10-365 Environmental checklist.
197-10-370 Withdrawal of affirmative threshold determination.
197-10-375 Withdrawal of negative threshold determination.
197-10-390 Effect of threshold determination by lead agency.
197-10-400 Duty to begin preparation of a draft EIS.
197-10-410 Predraft consultation procedures.
197-10-425 Organization and style of a draft EIS.
197-10-440 Contents of a draft EIS.
197-10-442 Special considerations regarding contents of an EIS.
197-10-444 List of elements of the environment.
197-10-450 Public awareness of availability of draft EIS.
197-10-455 Circulation of the draft EIS – Review period.
197-10-460 Specific agencies to which draft EIS shall be sent.
197-10-465 Agencies possessing environmental expertise.
197-10-470 Costs to the public for reproduction of environmental documents.
197-10-480 Public hearing on a proposal – When required.
197-10-485 Notice of public hearing on environmental impact of the proposal.
197-10-490 Public hearing on the proposal – Use of environmental document.
197-10-495 Preparation of amended or new draft EIS.
197-10-500 Responsibilities of consulted agencies – Local agencies.
197-10-510 Responsibilities of consulted agencies – State agencies with jurisdiction.
197-10-520 Responsibilities of consulted agencies – State agencies with environmental expertise.
197-10-530 Responsibilities of consulted agencies – When predraft consultation has occurred.
197-10-535 Cost of performance of consulted agency responsibilities.
197-10-540 Limitations on responses to consultation.
197-10-545 Effect of no written comment.
197-10-550 Preparation of the final EIS – Time period allowed.
197-10-570 Preparation of final EIS – When no critical comments received on the draft EIS.
197-10-580 Preparation of the final EIS – Contents – When critical comments received on draft EIS.
197-10-600 Circulation of the final EIS.
197-10-650 Effect of an adequate final EIS prepared pursuant to NEPA.
197-10-652 Supplementation by a lead agency of an inadequate final NEPA EIS.
197-10-660 Use of previously prepared EIS for a different proposed action.
197-10-690 Use of a lead agency’s EIS by other acting agencies for the same proposal.
197-10-695 Draft and final supplements to a revised EIS.
197-10-700 No action for seven days after publication of the final EIS.
197-10-710 EIS combined with existing planning and review processes.
197-10-830 Responsibilities of agencies – SEPA public information center.
197-10-835 Regional SEPA public information centers.
197-10-840 Application of agency guidelines to ongoing actions.
(Ord. 503, 1976).
14.04.030 Additional definitions.
In addition to those definitions contained within WAC 197-10-040, the following terms shall have the following meanings, unless the context indicates otherwise:
A. “Department” means any division, subdivision or organizational unit of the city established by ordinance, rule or order.
B. “SEPA Guidelines” means Chapter 197-10 WAC adopted by the Council on Environmental Policy. (Ord. 503, 1976).
14.04.040 Time limits applicable to the SEPA process.
The following time limits, expressed in calendar days, shall apply to the processing of all private projects and to those governmental proposals submitted to this city by other agencies:
A. Categorical Exemptions. Identification of categorically exempt actions shall occur within seven days of submission of an adequate application.
B. Threshold Determinations.
1. Threshold determinations which can be made based upon review of the environmental checklist submitted by the applicant should be completed within 30 days of submission of an adequate application and the completed checklist.
2. Threshold determinations requiring further information from the applicant or consultation with other agencies with jurisdiction should be completed within 30 days of receiving the requested information from the applicant or the consulted agency; requests by the city for such further information should be made within 30 days of the submission of an adequate application and completed checklist; when a request for further information is submitted to a consulted agency, the city shall wait a maximum of 30 days for the consulted agency to respond.
3. Threshold determinations which require that further studies, including field investigations, be initiated by the city should be completed within 30 days of submission of an adequate application and the completed checklist.
4. Threshold determinations on actions where the applicant recommends in writing that an EIS be prepared because of the significant impact asserted and described in the application shall be completed within 30 days of submission of an adequate application and the completed checklist.
5. The time limits set forth in this subsection shall not apply to withdrawals of affirmative and negative threshold determinations where such withdrawals are made in accordance with WAC 197-10-370 and 197-10-375.
6. When a threshold determination is expected to require more than 30 days to complete and a private applicant requests notification of the date when a threshold determination will be made, the lead agency shall transmit to the private applicant a written statement as to the expected date of decision. (Ord. 503, 1976).
14.04.050 Use of exemptions.
A. The applicability of the exemptions shall be determined by each department within the city which received an application for a license, or in the case of governmental proposals, by that department initiating the proposal. A determination by any such department that a proposal is exempt shall be final and not subject to administrative review.
B. If a proposal includes a series of actions, physically or functionally related to each other, some of which are exempt and some of which are not, the proposal is not exempt.
C. If the proposal includes a series of exempt actions which are physically or functionally related to each other, but which together may have a significant environmental impact, the proposal is not exempt.
D. If it is determined that a proposal is exempt, none of the procedural requirements of these guidelines apply to the proposal. No environmental checklist shall be required for an exempt proposal.
E. A department which is determining whether or not a proposal is exempt shall ascertain the total scope of the proposal and the governmental licenses required. If a proposal includes a series of actions, physically or functionally related to each other, some of which are exempt and some of which are not, the proposal is not exempt. For any such proposal, the lead agency shall be determined, even if the license application which triggers the department’s consideration is otherwise exempt. If the lead agency is the city, then the responsible official shall be designated.
F. If a proposal includes both exempt and nonexempt actions, exempt actions may be authorized with respect to the proposal prior to compliance with the procedural requirements of these guidelines subject to the following limitations:
1. No major action (nonexempt action) shall be authorized;
2. No action shall be authorized which will irrevocably commit the city to approve or authorize a major action;
3. A department may withhold approval of an exempt action which would lead to modification of the physical environment, when such modifications would serve no purpose if later approval of a major action is not secured; and
4. A department may withhold approval of exempt actions which would lead to substantial financial expenditures by a private applicant which would serve no purpose if later approval of a major action is not secured. (Ord. 503, 1976).
14.04.060 Lead agency determination and responsibilities.
A. Any department within the city receiving or initiating a proposal, any portion of which involves a major action, shall determine the lead agency for that proposal pursuant to the criteria set forth in WAC 197-10-205 through 197-10-270, using the procedures of WAC 197-10-203. This determination shall be made for each proposal involving a major action 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. (Note: A lead agency must be an agency with jurisdiction.)
B. In those instances in which the city is the lead agency, the responsible official of the city shall supervise compliance with the threshold determination, and, if an EIS is necessary, shall supervise preparation of the draft and final EIS.
C. In those instances in which the city is not the lead agency under the criteria of WAC 197-10-205 through 197-10-270, all departments of the city subject to the limitations of WAC 197-10-390, 197-10-660, and 197-10-690 shall utilize and consider as appropriate either the declaration of nonsignificance or the final EIS of the lead agency in conjunction with the decisions of the city on the proposal. In such instances, no city department shall prepare or require preparation of a declaration of nonsignificance or EIS in addition to that prepared by the lead agency.
D. In the event that the city or any department thereof receives a lead agency determination made by another agency which does not appear to be in accord with the criteria of WAC 197-10-205 through 197-10-245, it may object thereto. Any such objections must be made and resolved within 15 days of receipt of the determination, or the city must petition the CEP for a lead agency determination pursuant to WAC 197-10-260 within the 15-day time period. Any such petition on behalf of the city shall be initiated by a responsible official.
E. Departments of the city are authorized to make agreements as to lead agency status pursuant to WAC 197-10-240 and 197-10-245; provided, that any such agreement involving assumption of lead agency status by the city will first be approved by the responsible official for the city and that any department which will incur responsibilities as a result of any such agreement will approve the agreement.
F. Any department making a lead agency determination for a private project shall require sufficient information from the applicant to ascertain which other agencies have jurisdiction over the proposal. (Ord. 503, 1976).
14.04.070 Transfer of lead agency status to a state agency.
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 responsible official of the city may elect to transfer the lead duties to that state agency with jurisdiction appearing first on the priority listing in WAC 197-10-225. In such event, the city agency so determined shall be the lead agency and the city shall be an agency with jurisdiction. Transfer is accomplished by the responsible official of the city transmitting 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. 503, 1976).
14.04.080 Environmental checklist.
A. Except as provided in WAC 197-10-300(2), a completed environmental checklist, or a copy thereof, substantially in the form provided in WAC 197-10-365, shall be filed at the same time as an application for a permit, license, certificate, or other entitlement for use not specifically exempted herein. This checklist shall be the basis for a determination by the city as to the lead agency status and if the city is determined to be the lead agency, then for the threshold determination.
B. For all proposals for which the city is the lead agency, the responsible official of the city shall make the threshold determination pursuant to the criteria and procedures of WAC 197-10-300 through 197-10-365. (Ord. 503, 1976).
14.04.090 Preparation of EIS.
A. The draft and final EIS shall be prepared either by the responsible official or his designee, or by a private applicant or a consultant retained by the private applicant. In the event the responsible official determines that the applicant will be required to prepare an EIS, the applicant shall be so notified immediately after completion of the threshold determination.
B. In the event that an EIS is to be prepared by a private applicant or a consultant retained by the private applicant, the responsible official shall assure that the EIS is prepared in a responsible manner and with appropriate methodology. The responsible official shall direct the areas of research and examination to be undertaken, as well as the organization of the resulting document.
C. In the event that the responsible official or his designee is preparing an EIS, the responsible official shall require a private applicant to provide data and information which is not in the possession of the city relevant to any or all areas to be covered by the EIS.
D. No matter who participates in the preparation of an EIS, it must be approved by the responsible official prior to distribution.
E. In all occasions of EIS preparation, the applicant is encouraged to provide information to the responsible official. (Ord. 503, 1976).
14.04.100 Additional elements to be covered in an EIS.
The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under these rules:
A. Economy;
B. Cultural factors;
C. Sociological factors. (Ord. 503, 1976).
14.04.110 Official designated to perform consulted agency responsibilities for city.
A. The following person shall be responsible for the preparation of the written comments for the city in response to a consultation request prior to a threshold determination, participation in predraft consultation, or reviewing a draft EIS: responsible official.
B. The official designated in subsection A of this section shall be responsible for compliance by the city with WAC 197-10-500 through 197-10-540 wherever the city is a consulted agency, and is authorized to develop operating procedures which will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. (Ord. 503, 1976).
14.04.120 Designation of responsible official.
A. For those proposals for which the city is the lead agency, the responsible official shall be the planning commission.
B. The planning commission may delegate responsibility for determination of categorical exemptions to the city superintendent.
C. The responsible official shall make the threshold determination, supervise preparation of any required EIS, and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA Guidelines which were adopted by reference in SLMC 14.04.020, for all proposals for which the city is the lead agency. (Ord. 503, 1976).
14.04.130 SEPA public information center.
A. The following location constitutes the city’s SEPA public information center: Office of the City Clerk-Treasurer, City Hall, Soap Lake, Washington 98851. Telephone: (509) 246-2241.
B. All reasonable means will be used to make the existence and location of the city’s SEPA public information center known to both the public generally and the employees of the city.
C. The SEPA public information center shall contain the documents and provide the services required by WAC 197-10-830. (Ord. 503, 1976).
14.04.140 Fees.
The following fees shall be required for actions by the city in accordance with the provisions of this chapter:
A. Environmental Impact Statements.
1. For all proposals requiring an EIS for which the city is the lead agency and for which the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred by the city in the preparation of an EIS. If it is determined that an EIS is required, applicants shall be advised of projected costs of the statement prior to actual preparation, and shall post bond or otherwise ensure payment of such costs.
2. The responsible official may determine that the city will contract directly with a consultant for preparation of environmental documents for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the city and the applicant after a call for proposals. Applicants may be required to post bond or otherwise ensure payment of such costs.
3. In the event that a proposal is modified so that an EIS is no longer required, the responsible official shall refund any costs collected under subsections (A)(1) and (2) of this section which were collected for costs not incurred.
B. No fee shall be collected by the city for performing its duties as a consulted agency.
C. The SEPA public information center of the city is authorized to charge periodic fees for the service of mailing registers and register updates. Such fees shall be reasonably related to the costs of reproduction and mailing of registers and updates.
D. The city may charge any person for copies of any document prepared pursuant to the requirements of this chapter, and for mailing thereof, in a manner provided by Chapter 42.17 RCW. (Ord. 503, 1976).
14.04.150 Notice – Statute of limitations.
A. The city, applicant for, or proponent of an action may publish notice of action pursuant to RCW 43.21C.080 for any action.
B. The form of this notice shall be as prescribed by the Department of Ecology and/or substantially in the form and manner set forth in RCW 43.21C.080. The notice shall be published by the city, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 503, 1976).