(1) Within the department of enterprise services the ultimate responsible official is the director.
(2) The director may designate the responsible official for overall direction and control of environmental reviews within the department of enterprise services and the designated division shall maintain all records pertaining to SEPA related decision making processes. The division of planning and management 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 facilities engineering and architectural services program 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 enterprise services 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.
(4) The designated division 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, shall be final.
(5) The department's responsibilities as consulted agency will be coordinated by the designated division. When the department of enterprise services 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 enterprise services, 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 enterprise services responsible official for final approval.
(6) Any decision of the responsible official, designated division, shall be final until such time as it is superseded by the director, department of enterprise services.
(7) The final threshold determination of final EIS of the responsible official may be appealed to the director of the department of enterprise services within thirty days of notice of such determination or final EIS.
[Statutory Authority: RCW
43.19.011,
43.19.620,
43.19.985,
43.19.742,
43.19.769,
39.26.080,
39.26.090,
39.26.251,
39.26.255, and
39.26.271. WSR 15-23-062, § 200-10-110, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-10-110, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW
43.21C.120. WSR 98-20-019, § 236-11-110, filed 9/25/98, effective 10/26/98; WSR 84-20-015 (Order 84-02), § 236-11-110, filed 9/25/84.]