EXPEDITED RULES
Title of Rule and Other Identifying Information: Chapters 400-04, 400-06, and 400-12 WAC.
THIS RULE IS BEING PROPOSED UNDER 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 USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Thuch Mam, Puget Sound Partnership, P.O. Box 40900, Olympia, WA 98504-0900 , AND RECEIVED BY April 6, 2010.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed changes is to update the portion of chapters 400-04 and 400-06 WAC that still refer to the Puget Sound water quality authority by name and description. The Puget Sound partnership, per chapter 90.71 RCW, has replaced the "authority." In addition to a change in the title of the agency, the acting director has changed from being called a "chair" to the "director." The changes made reflect this difference in terminology. The sections of chapter 400-06 WAC on communications and public records that referred to the Puget Sound water quality authority past procedures and operations were eliminated because there is no longer any statutory authority to support those portions of the rule. No replacement was created because the procedures and the operations of the partnership are clearly laid out in chapter 90.71 RCW. The only substantive change to this section is to add the possibility of the partnership accommodating e-mail and fax requests for public record, as well as a change in the amount charged for that information from "twenty-five cents per page" to "the amount necessary to cover reasonable costs." Finally, chapter 400-12 WAC, Local planning and management of nonpoint source pollution, will be completely repealed. This section no longer has any statutory authority and is not being implemented or enforced by the partnership or the department of ecology.
Statutory Authority for Adoption: Chapter 90.71 RCW.
Statute Being Implemented: Chapter 90.71 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Puget Sound partnership, governmental.
Name of Agency Personnel Responsible for Drafting: Chris Townsend, P.O. Box 40900, Olympia, WA 98504-0900, (360) 725-5444; Implementation and Enforcement: David Dicks, P.O. Box 40900, Olympia, WA 98504-0900, (360) 725-5444.
January 26, 2010
Caitlin B. Imaki
Summer Intern
OTS-2738.1
PUGET SOUND ((WATER QUALITY AUTHORITY)) PARTNERSHIP -- STATE
ENVIRONMENTAL POLICY ACT PROCEDURES
[Statutory Authority: RCW 43.21C.120. 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-010, filed 2/3/86.]
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. |
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. |
197-11-360 | Determination of significance (DS)/initiation of scoping. |
197-11-390 | Effect of threshold determination. |
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. (Optional) |
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. |
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. |
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. |
197-11-650 | Purpose of this part. |
197-11-655 | Implementation. |
197-11-660 | Substantive authority and mitigation. |
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 | Consulted agency. |
197-11-726 | Cost-benefit analysis. |
197-11-728 | County/city. |
197-11-730 | Decisionmaker. |
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. |
197-11-748 | 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 | Nonproject. |
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. |
197-11-800 | Categorical exemptions. |
197-11-880 | Emergencies. |
197-11-890 | Petitioning DOE to change exemptions. |
197-11-900 | Purpose of this part. |
197-11-912 | Procedures on consulted agencies. |
197-11-914 | SEPA fees and costs. |
197-11-916 | Application to ongoing actions. |
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 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. |
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. |
[Statutory Authority: RCW 43.21C.120. 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-020, filed 2/3/86.]
(2) "Chair" shall mean the chair of the authority as stated in RCW 90.70.011.)) "Director" means the executive director of the partnership as established in RCW 90.71.240.
"Ecosystem coordination board" or "ECB" means the representative group that advises and assists the leadership council as established in RCW 90.71.250.
"Leadership council" means the seven-member group appointed by the governor as established in RCW 90.71.220.
"Partnership" means the agency of the Puget Sound partnership consisting of the seven-member leadership council, an executive director, an ecosystem coordination board, and a Puget Sound science panel and/or agency staff.
"Science panel" means the group that advises and assists the leadership council as established in RCW 90.71.270.
[Statutory Authority: Chapter 90.70 RCW and RCW 43.21C.120. 90-17-063, § 400-04-040, filed 8/15/90, effective 9/15/90. Statutory Authority: RCW 43.21C.120. 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-040, filed 2/3/86.]
[Statutory Authority: RCW 43.21C.120. 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-504, filed 2/3/86.]
(1) Publish notice in at least one newspaper of general circulation in each county, city, or general area in which the proposal is located or which the proposal affects;
(2) Notifying the news media via news releases, public service announcements and personal contact; and
(3) Sending notice to the official ((authority))
partnership mailing list. The official ((authority))
partnership list shall be kept on file and be available for
inspection by the public. Individual members of the
((authority's)) partnership's advisory bodies shall receive
notice.
(4) Any other of the notice procedures listed in WAC 197-11-510, as appropriate.
[Statutory Authority: RCW 43.21C.120. 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-510, filed 2/3/86.]
[Statutory Authority: RCW 43.21C.120. 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-680, filed 2/3/86.]
(1) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(2) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
(3) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable or unintended consequences;
(4) Preserve important historic, cultural, and natural aspects of our national heritage;
(5) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
(6) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities;
(7) Enhance the quality of renewable resources and
approach the maximum attainable recycling of depletable
resources((;
(8) Manage public waters and adjacent lands, fisheries, wetlands, and other natural resources wisely)).
[Statutory Authority: RCW 43.21C.120. 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-902, filed 2/3/86.]
[Statutory Authority: RCW 43.21C.120. 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-910, filed 2/3/86.]
OTS-2739.1
((PROCEDURES -- OPERATIONS -- ))COMMUNICATIONS -- PUBLIC RECORDS
[Statutory Authority: RCW 42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), § 400-06-010, filed 2/3/86.]
(2) "((Authority)) Partnership" means the Puget Sound
((water quality authority)) partnership.
(3) "((Chair)) Director" means the ((chair of the
authority as stated in RCW 90.70.011)) executive director of
the partnership as established in RCW 90.71.240.
(4) "Public records officer" means the ((authority))
partnership staff member so designated by the ((chair))
director.
[Statutory Authority: Chapter 90.70 RCW and RCW 43.21C.120. 90-17-063, § 400-06-020, filed 8/15/90, effective 9/15/90. Statutory Authority: RCW 42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), § 400-06-020, filed 2/3/86.]
[Statutory Authority: RCW 42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), § 400-06-090, filed 2/3/86.]
(1) A request shall be made in writing (or by fax or
electronic mail if desired) upon a form prescribed by the
((authority)) partnership, which shall be available at its
office. A request that is made other than upon the form
prescribed by the office is permissible, but must provide the
information listed in (a) through (e) of this subsection. The
form shall be presented to the public records officer; or to
any member of the ((authority's)) partnership's staff, if the
public records officer is not available, at the office of the
agency during customary office hours. The request shall
include the following information:
(a) The name, address, telephone numbers, and organization represented, if any, of the person requesting the record;
(b) The time of day and calendar date on which the request was made;
(c) The nature of the request;
(d) If the matter requested is referenced within the current index maintained by the records officer, a reference to the requested record as it is described in such current index; and
(e) If the requested matter is not identifiable by
reference to the ((authority's)) partnership's current index,
an appropriate description of the record requested.
(2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer or staff member to whom the request is made to assist the member of the public in appropriately identifying the public record requested.
[Statutory Authority: RCW 42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), § 400-06-110, filed 2/3/86.]
[Statutory Authority: RCW 42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), § 400-06-120, filed 2/3/86.]
(2) In addition, pursuant to RCW 42.17.260(1), the authority reserves the right to delete identifying details when it makes available or publishes any public record, in any cases where there is reason to believe that disclosure of such details would be an invasion of personal privacy. The public records officer will fully justify such deletion in writing.
(3))) chapter 42.56 RCW.
(2) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the records withheld.
[Statutory Authority: RCW 42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), § 400-06-130, filed 2/3/86.]
(2) Immediately after receiving a written request for
review of a decision denying a public record, the public
records officer or other staff member denying the request
shall refer it to the ((chair)) director who shall consider
the matter and either affirm or reverse such denial. The
request shall be returned with a final decision, within two
business days following the original denial.
(3) Administrative remedies shall not be considered
exhausted until the ((authority)) partnership has returned the
petition with a decision, or until the close of the second
business day following denial of inspection, whichever occurs
first.
[Statutory Authority: RCW 42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), § 400-06-140, filed 2/3/86.]
(2) Original copies of public records of the
((authority)) partnership shall not be removed from the
offices of the ((authority)) partnership.
(3) Care and safekeeping of public records of the
((authority)) partnership, furnished pursuant to a request for
inspection or copying, shall be the sole responsibility of the
requestor.
(4) Records furnished for public inspection or copying shall be returned in good condition and in the same file sequence or organization as when furnished.
(5) Boisterous or otherwise disruptive conduct by those
requesting public records of the ((authority)) partnership
shall not be permitted.
[Statutory Authority: RCW 42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), § 400-06-150, filed 2/3/86.]
(2) The current index promulgated by the ((authority))
partnership shall be available to all persons under the same
rules and on the same conditions as are applied to public
records available for inspection. The records index shall be
updated at least annually.
[Statutory Authority: Chapter 90.70 RCW and RCW 43.21C.120. 90-17-063, § 400-06-160, filed 8/15/90, effective 9/15/90. Statutory Authority: RCW 42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), § 400-06-160, filed 2/3/86.]
(1))) partnership, including activities pertaining to the
administration or enforcement of chapter ((42.17)) 42.56 RCW
or these rules, shall be addressed to the Public Records
Officer, Puget Sound ((Water Quality Authority, Mailstop
PV-15)) Partnership, P.O. Box 40900, Olympia, Washington
98504-0900((; and
(2) Relating to the development of the plan shall be addressed to Director of Planning, Puget Sound Water Quality Authority, Mailstop PV-15, P.O. Box 40900, Olympia, Washington 98504-0900)).
[Statutory Authority: Chapter 90.70 RCW. 91-20-076, § 400-06-170, filed 9/27/91, effective 10/28/91. Statutory Authority: RCW 42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), § 400-06-170, filed 2/3/86.]
[Statutory Authority: RCW 42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), § 400-06-180, filed 2/3/86.]
The following sections of the Washington Administrative Code are repealed:
WAC 400-06-030 | Authority operations and procedures. |
WAC 400-06-050 | Puget Sound water quality authority officers -- Terms. |
WAC 400-06-060 | Puget Sound water quality authority -- Regular meetings. |
WAC 400-06-070 | Puget Sound water quality authority -- Description of organization. |
OTS-2740.1
REPEALER
The following chapter of the Washington Administrative Code is repealed:
WAC 400-12-100 | Authority. |
WAC 400-12-110 | Purpose. |
WAC 400-12-120 | Applicability. |
WAC 400-12-200 | Definitions. |
WAC 400-12-210 | Overview. |
WAC 400-12-220 | Public involvement. |
WAC 400-12-305 | Initial watershed ranking. |
WAC 400-12-320 | Five-year review. |
WAC 400-12-400 | Lead agency for watershed planning. |
WAC 400-12-410 | Watershed management committees. |
WAC 400-12-415 | Planning and implementing entities. |
WAC 400-12-420 | Schedule for preparation and review of action plan. |
WAC 400-12-500 | Overview. |
WAC 400-12-515 | Phase 1 -- Watershed characterization and goals and objectives development. |
WAC 400-12-525 | Phase 2 -- Action plan nonpoint pollution control strategy. |
WAC 400-12-535 | Phase 3 -- Action plan implementation strategy. |
WAC 400-12-545 | Phase 4 -- Action plan review and approval. |
WAC 400-12-555 | SEPA review. |
WAC 400-12-565 | Revisions. |
WAC 400-12-605 | Decision of department. |
WAC 400-12-615 | Responsibilities of implementing entities. |
WAC 400-12-625 | Lead agency responsibilities. |
WAC 400-12-635 | Department responsibilities. |
WAC 400-12-645 | County responsibilities. |
WAC 400-12-700 | Default procedure. |
WAC 400-12-710 | Exceptions. |
WAC 400-12-720 | Severability. |