WSR 10-11-084

PERMANENT RULES

WASHINGTON STATE UNIVERSITY


[ Filed May 17, 2010, 10:45 a.m. , effective July 16, 2010 ]


Effective Date of Rule: July 16, 2010.

Purpose: The university's rules regarding the State Environmental Policy Act are being updated and clarified to reflect current administrative practices, offices, and titles.

Citation of Existing Rules Affected by this Order: Amending WAC 504-48-015, 504-48-020, 504-48-040, 504-48-050 and 504-48-060; and creating WAC 504-48-065.

Statutory Authority for Adoption: RCW 28B.30.150.

Adopted under notice filed as WSR 10-05-103 on February 17, 2010.

Changes Other than Editing from Proposed to Adopted Version: Nonsubstantive change, the university has merged two units that were previously referenced in WAC 504-48-050, (1) capital planning and development and (2) facilities operations. The language in WAC 504-48-050 is adjusted to accommodate this organizational change.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 5, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 5, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 5, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: May 7, 2010.

Ralph T. Jenks, Director

Procedures, Records, and Forms

and University Rules Coordinator

OTS-2845.2


AMENDATORY SECTION(Amending Order 90-3, filed 10/19/90, effective 11/19/90)

WAC 504-48-015   Adoption by reference.   The university hereby adopts by reference the 1984 SEPA rules, chapter 197-11 of the Washington Administrative Code, and any amendments thereto, except as follows:


WAC


197-11-010 Authority.
197-11-020 Purpose.
197-11-030 Policy.
197-11-810 Exemptions and nonexemptions applicable to specific state agencies.
197-11-820 Department of licensing.
197-11-825 Department of labor and industries.
197-11-830 Department of natural resources.
197-11-835 Department of fisheries.
197-11-840 Department of game.
197-11-845 Department of social and health services.
197-11-850 Department of agriculture.
197-11-855 Department of ecology.
197-11-860 Department of transportation.
197-11-865 Utilities and transportation commission.
197-11-870 Department of commerce and economic development.
197-11-875 Other agencies.
197-11-906 Content and consistency of agency procedures.
((197-11-908 Environmentally sensitive areas.))
197-11-910 Designation of responsible official.
197-11-912 Procedures on consulted agencies.
197-11-917 Relationship to chapter 197-10 WAC.
197-11-950 Severability.
197-11-955 Effective date.

[Statutory Authority: RCW 43.21C.120, 34.05.350, 28B.30.095 and WAC 197-11-904. 90-21-093 (Order 90-3), 504-48-015, filed 10/19/90, effective 11/19/90.]


AMENDATORY SECTION(Amending Order 90-3, filed 10/19/90, effective 11/19/90)

WAC 504-48-020   Required methods of public notice.   When these rules require notice to be given under WAC 197-11-510, the university shall:

(1) Provide notice in such form as a press release or advertisement in ((WSU Week, Washington State University Daily Evergreen, and)) a newspaper of general circulation in the county, city or general area that the proposal is located; and

(2) In the case of site-specific project proposals, post a notice on the proposed site.

[Statutory Authority: RCW 43.21C.120, 34.05.350, 28B.30.095 and WAC 197-11-904. 90-21-093 (Order 90-3), 504-48-020, filed 10/19/90, effective 11/19/90.]


AMENDATORY SECTION(Amending Order 90-3, filed 10/19/90, effective 11/19/90)

WAC 504-48-040   Emergencies.   Actions that must be undertaken immediately or within a time too short to allow full compliance with these rules, to avoid an imminent threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation, shall be exempt from the procedural requirements of this chapter. Such actions include, but are not limited to, the following:

(1) Emergency pollution control actions responding to accidental discharges, leaks or spills into the air, state waters, or on land.

(2) Implementation of a change in waste disposal procedures caused by unanticipated changes in waste sources which are in compliance with federal and state regulations and standards.

(3) Cleanup or decontamination of academic and research facilities or equipment accidentally exposed or contaminated, to permit maintenance, repair or relocation, when the procedures followed are in accordance with federal or state guidelines, recommendations, or standards.

(4) Emergency actions implemented to reduce an imminent hazard to the health and safety of an element of the university resulting from structural failure, equipment malfunction, human error, or natural event.

[Statutory Authority: RCW 43.21C.120, 34.05.350, 28B.30.095 and WAC 197-11-904. 90-21-093 (Order 90-3), 504-48-040, filed 10/19/90, effective 11/19/90.]


AMENDATORY SECTION(Amending Order 90-3, filed 10/19/90, effective 11/19/90)

WAC 504-48-050   Designation of responsible official.   ((For the purposes of SEPA, the responsible agency official is:


Director of Facilities Planning

122 French Administration Building

Washington State University

Pullman, WA 99164-1010)) The responsible agency official is the vice-president, or equivalent, with supervision of the project(s), or his or her designee.

[Statutory Authority: RCW 43.21C.120, 34.05.350, 28B.30.095 and WAC 197-11-904. 90-21-093 (Order 90-3), 504-48-050, filed 10/19/90, effective 11/19/90.]


AMENDATORY SECTION(Amending Order 90-3, filed 10/19/90, effective 11/19/90)

WAC 504-48-060   Procedures ((on)) of consulted agencies.   The responsible officer designated in WAC 504-48-050 shall be responsible for coordinating, receiving, and reviewing comments and requests for information from agencies regarding threshold determinations, scoping, EIS's, and supplemental EIS's.

[Statutory Authority: RCW 43.21C.120, 34.05.350, 28B.30.095 and WAC 197-11-904. 90-21-093 (Order 90-3), 504-48-060, filed 10/19/90, effective 11/19/90.]


NEW SECTION
WAC 504-48-065   Administrative appeal.   There is no administrative appeal of any university determination relating to SEPA. Any appeal must be a judicial appeal under WAC 197-11-680(4).

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Washington State Code Reviser's Office