Chapter 18.02
GENERAL REQUIREMENTS
Sections:
18.02.010 Purpose – Adoption by reference.
18.02.020 Designation of responsible official.
18.02.030 Lead agency determination and responsibilities.
18.02.040 Transfer of lead agency status to a State agency.
18.02.050 Timing considerations.
18.02.060 Environmental Affairs Committee – Created – Composition – Powers.
18.02.010 Purpose – Adoption by reference.
This chapter contains the basic requirements that apply to the SEPA process. The Town adopts the following sections of Chapter 197-11 WAC by reference, as supplemented by this chapter:
WAC
197-11-030 Policy.
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 on actions during SEPA process.
197-11-080 Incomplete or unavailable information.
197-11-090 Supporting documents.
197-11-100 Information required of applicants.
[UDC Ord. dated 7/21/1998].
18.02.020 Designation of responsible official.
A. For those proposals for which the Town is the lead agency, the responsible official shall be the Town Engineer in the case of private proposals. For public proposals, the head of the department making the proposal shall be the responsible official. The responsible official shall be advised by the environmental affairs committee.
B. For all proposals for which the Town is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required 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 WMC 18.02.010.
C. The Town shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW. [UDC Ord. dated 7/21/1998].
18.02.030 Lead agency determination and responsibilities.
A. The department within the Town 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 WAC 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 Town is the lead agency for a proposal, the department receiving the application shall determine the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.
C. When the Town is not the lead agency for a proposal, all departments of the Town shall use and consider, as appropriate, either proposal. No Town 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 Town may conduct supplemental environmental review under WAC 197-11-600.
D. If the Town 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 fifteen (15) days of receipt of the determination, or the Town must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the fifteen (15) day time period. Any such petition on behalf of the Town may be initiated by the Mayor.
E. Departments of the Town 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 must 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). [UDC Ord. dated 7/21/1998].
18.02.040 Transfer of lead agency status to a State agency.
For any proposal for a private project where the Town would be the lead agency and for which one (1) or more State agencies have jurisdiction, the Town’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 Town shall be an agency with jurisdiction. To transfer lead agency duties, the Town’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 Town shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. [UDC Ord. dated 7/21/1998].
18.02.050 Timing considerations.
A. For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the Town’s staff recommendation to any appropriate advisory body, such as the Planning Commission.
B. If the Town’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the Town conduct environmental review prior to submission of the detailed plans and specifications. The point at which environmental review may be initiated for specific permits or other licenses requiring detailed project plans and specifications is conceptual site plan review. [UDC Ord. dated 7/21/1998].
18.02.060 Environmental Affairs Committee – Created – Composition – Powers.
A. There is created an Environmental Affairs Committee (EAC) composed of three (3) members, to be appointed by the Mayor of the Town of Wilkeson.
B. The Environmental Affairs Committee, hereinafter designated as EAC, shall have the duty to review and recommend nonexempt proposals, and to make recommendations to the responsible official as to threshold determinations of environmental significance, as to the adequacy of draft and final environmental impact statements and supplements thereto, and to review and make recommendations to the responsible official on responses to consultation requests from other agencies.
C. The EAC shall proceed informally in its meetings, and not be bound by technical rules of evidence. Matters to be considered by the EAC may be initiated by any of its members or by the responsible official. The EAC shall make recommendations only, and those recommendations shall be directed to the responsible official.
D. Members of the EAC shall serve for a period of three (3) years, with one (1) member to be appointed initially to a one (1) year term, one (1) member to a two (2) year term, and one (1) member to a three (3) year term. [UDC Ord. dated 7/21/1998].