WSR 98-07-110

EXPEDITED ADOPTION

DEPARTMENT OF

GENERAL ADMINISTRATION

[Filed March 18, 1998, 11:35 a.m.]



Title of Rule: Compliance with State Environmental Policy Act

Purpose: Rules for implementing SEPA rules

Statutory Authority for Adoption: RCW 43.21C.120

Statute Being Implemented: Chapter 43.21C RCW et seq

Summary: This rule was written to comply with the updated SEPA rule, chapter 197-11 WAC

Reasons Supporting Proposal: The rule streamlines excess verbage in the prior rule, while maintaining the integrity of the requirements of SEPA compliance

Name of Agency Personnel Responsible for Drafting: John Gleason, 200 General Administration Building, 902-7398; Implementation: Designated Div. A.D., Olympia, Washington 98504, 902-7300; and Enforcement: Director of General Administration, 902-7300

Name of Proponent: Marsha Tadano Long, Director of General Administration, public

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule is changed to comply with the update of the SEPA regulations and to streamline excess verbage in the existing regulation. The department envisions that the only impacts will be in the internal administration of SEPA requirements within the department

Proposal Changes the Following Existing Rules: The proposal changes the existing rules only in the execution of internal administration of SEPA compliance

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Grant Fredricks, Department of General Administration, 200 General Administration Building, P.O. Box 41000, Olympia, WA 98504-1000, AND RECEIVED BY May 20, 1998

March 12, 1998

Grant Fredericks

Deputy Director



AMENDATORY SECTION (Amending WSR 84-20-015 (Order 84-02), filed 9/25/84)



WAC 236-11-010  Authority, scope and coverage of this chapter. (1) This chapter is promulgated pursuant to RCW 43.21C.120.

(2) Compliance with the rules of this chapter shall constitute procedural compliance with SEPA for an "action" as defined in WAC 197-11-704.

(3) The rules of this chapter contain no sections relating to the notice/statute of limitations provisions of chapter 43.21C RCW. To utilize these provisions, the department of general administration shall follow the statutory language and any applicable regulations of the department of ecology.



[Statutory Authority: RCW 43.21C.120. 84-20-015 (Order 84-02), 236-11-010, filed 9/25/84.]



AMENDATORY SECTION (Amending WSR 84-20-015 (Order 84-02,) filed 9/25/84)



WAC 236-11-050  Applications for exemptions within the department of general administration. Each "action" ((as defined in Part Eight, WAC 197-11-704,)) of the department shall have a form completed and retained in the applicant's division files. This form shall show the action and exemption decision, exempt or otherwise, and be signed by the department of general administration representative making that decision. This form shall also show any threshold decision, including determinations of nonsignificance and significance, signed by the department representative. Additionally, copies of the threshold determination shall be included in the file. A copy of this completed form shall be submitted to the division of facilities planning for review and approval or disapproval.



[Statutory Authority: RCW 43.21C.120. 84-20-015 (Order 84-02), 236-11-050, filed 9/25/84.]



Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.



AMENDATORY SECTION (Amending WSR 84-20-015 (Order 84-02), filed 9/25/84)



WAC 236-11-080  Public notice requirements. (1) The department shall give public notice when issuing a DNS under WAC 197-11-340, ((or)) DS and scoping notice under WAC 197-11-360, or a draft EIS under WAC 197-11-455.

(2) The department may require an applicant to perform the public notice requirement at its expense.

(3) The department shall use one or more of the following methods of public notice, taking into consideration the geographic area affected by the proposal, the size and complexity of the proposal, public interest expressed in the proposal, and whether the proposal is a project or regulation:

(a) Mailing to public or private persons or groups who have expressed interest in the proposal, in a certain type of proposal, or proposals in the geographic area in which the proposal is located;

(b) Publication in a newspaper of general circulation in the area in which the proposal will be implemented; and/or

(c) Posting the property, for site-specific proposals.



[Statutory Authority: RCW 43.21C.120. 84-20-015 (Order 84-02), 236-11-080, filed 9/25/84.]



AMENDATORY SECTION (Amending WSR 84-20-015 (Order 84-02), filed 9/25/84)



WAC 236-11-100  Policies and procedures for conditioning or denying permits or other approvals. (1)(a) It is department of general administration policy to avoid or mitigate adverse environmental impacts which may result from the department's decisions.

(b) The department shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources so that the state and its citizens may:

(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(ii) Assure for all people of Washington, safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

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

(iv) Preserve important historic, cultural, and natural aspects of our national heritage;

(v) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(vi) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and

(vii) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(c) The department shall develop plans and programs to economically house state government activities so as to provide maximum services to the people of Washington consistent with (b) of this subsection.

(2) Supplementary implementing instructions and procedures to the policies contained in this section are contained in department of general administration policies and procedures((, chapter 7, section 3)).

(3) The department responsible official may:

(a) Condition the approval for a proposal if mitigation measures are reasonable and capable of being accomplished and the proposal is inconsistent with the policies in subsection (1) of this section.

(b) Deny the permit or approval for a proposal if reasonable mitigation measures are insufficient to mitigate significant adverse environmental impacts and the proposal is inconsistent with the policies in subsection (1) of this section.

(4) The procedures in WAC 197-11-660 must be followed when conditioning or denying permits or other approvals.



[Statutory Authority: RCW 43.21C.120. 84-20-015 (Order 84-02), 236-11-100, filed 9/25/84.]



AMENDATORY SECTION (Amending WSR 84-20-015 (Order 84-02), filed 9/25/84)



WAC 236-11-110  Designation of responsible official. (1) Within the department of general administration the ultimate responsible official is the director.

(2) The director may designate ((division of facilities planning is)) the responsible official for overall direction and control of environmental reviews within the department of general administration and the designated division shall maintain all records pertaining to SEPA related decision making processes ((the department SEPA information center)). The division of capitol facilities shall maintain copies of all determinations of nonsignificance filed, determinations of significance filed, and copies of all Environmental Impact Studies prepared by the agency, excluding drafts, for a period of six years. The division of engineering and architectural services shall also maintain current SEPA statutes and administrative codes; current directives and regulations; department SEPA policies, procedures, and correspondence; and blank forms for determinations, environmental checklists, and others as required.

(3) When the department of general administration is the lead agency, the operational responsibility for determining if the department's involvement is an "action" and if the department's "action" is "exempt" shall be controlled by the designated division ((of facilities planning)).

(4) The designated division ((of facilities planning)) shall review and agree or disagree with all project or program exemptions, environmental checklists and determinations of nonsignificance or significance initiated within the department. In the event that there is disagreement with the initiator of the project, the decision of the responsible official, designated division ((of facilities planning)), shall be final.

(5) The department's responsibilities as consulted agency will be coordinated by the designated division ((of facilities planning)). When the department of general administration is responding as the consulted agency to a draft EIS, DNS, or DS; and when specific contents of an EIS impacts a particular division of the department of general administration, then that EIS will be sent to the affected division director for review and response. The affected division's response comments and/or recommendation will then be incorporated into the overall department response and sent to the department of general administration responsible official for final approval.

(6) Any decision of the responsible official, designated division ((of facilities planning)), shall be final until such time as it is superseded by the director, department of general administration.

(7) The final threshold determination or final EIS of the responsible official may be appealed to the Director of the Department of General Administration within thirty days of notice of such determination or final EIS.



[Statutory Authority: RCW 43.21C.120. 84-20-015 (Order 84-02), 236-11-110, filed 9/25/84.]



REPEALER



The following sections of the Washington Administrative Code are repealed:



WAC 236-11-020 Scope and coverage of this chapter.

WAC 236-11-040 Integration of SEPA procedures with other governmental operations.

WAC 236-11-070 Facility acquisition.

WAC 236-11-090 EIS decision levels.

WAC 236-11-120 SEPA information center.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office