WSR 98-11-099
EXPEDITED ADOPTION
DEPARTMENT OF ECOLOGY
[Order 98-12--Filed May 20, 1998, 10:27 a.m.]
Title of Rule: Chapter 173-03 WAC, Public records.
Purpose: To update agency addresses and clarify the language.
Statutory Authority for Adoption: RCW 42.17.250.
Statute Being Implemented: RCW 42.17.250.
Summary: The language was clarified without changing its effect. Headquarters and some regional addresses were also corrected.
Reasons Supporting Proposal: RCW 34.05.230 (1)(c).
Name of Agency Personnel Responsible for Drafting and Implementation: Diane Pratt, Lacey, Washington, (360) 407-6046.
Name of Proponent: Department of Ecology, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule implements the requirements of RCW 42.17.250 -42.17.340 relating to public records.
Proposal does not change existing rules.
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 Jerry Thielen, Rules Coordinator, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, AND RECEIVED BY July 18, 1998.
May 19, 1998
Dan Silver
Deputy Director
OTS-2026.2
AMENDATORY SECTION (Amending Order 90-37, filed 10/23/90, effective 11/23/90)
WAC 173-03-010 ((Purpose.)) What is the purpose of this
chapter? The purpose of this chapter is to implement the
requirements of RCW 42.17.250 - 42.17.340 relating to public
records.
[Statutory Authority: RCW 43.17.060 and 42.17.260. 90-21-119 (Order 90-37), § 173-03-010, filed 10/23/90, effective 11/23/90. Statutory Authority: RCW 42.17.250 - 42.17.340. 78-02-041 (Order DE 77-35), § 173-03-010, filed 1/17/78.]
AMENDATORY SECTION (Amending Order 90-37, filed 10/23/90, effective 11/23/90)
WAC 173-03-020 ((Definitions.)) How are specific terms
defined in this chapter? (1) The terms "person," "public
record," and "writing" shall have the meanings as stated in RCW
42.17.020.
(2) "Department" means the department of ecology.
(3) "Director" means the director of the department.
(4) "Public records officer" means the employee designated as such by the department.
(5) "Designee" means the employee of the department
designated by the director or the public records officer to serve
as the public records coordinator at the headquarters offices or
at each of the ((satellite and)) regional offices in the absence
of the officer.
[Statutory Authority: RCW 43.17.060 and 42.17.260. 90-21-119 (Order 90-37), § 173-03-020, filed 10/23/90, effective 11/23/90. Statutory Authority: RCW 42.17.250 - 42.17.340. 78-02-041 (Order DE 77-35), § 173-03-020, filed 1/17/78.]
AMENDATORY SECTION (Amending Order 92-37, filed 10/7/92, effective 11/7/92)
WAC 173-03-030 ((Description of organization.)) How is the
department of ecology organized? (1) Headquarters office.
(a) ((Through September 1993, the headquarters office will
continue to be located in Abbott Raphael Hall on the campus of
St. Martin's College, Lacey, Washington. After September 1993,))
The headquarters office ((will be)) is located at 300 Desmond
Drive ((East)), Lacey, Washington. The mailing address for the
headquarters office ((and all satellite program offices, except
for the environmental investigations and lab services program))
is:
Department of Ecology
P.O. Box 47600
Olympia, Washington 98504-7600
The mailing address for the nuclear waste management program's Hanford project is:
Nuclear Waste Management
1315 W. 4th Ave.
Kennewick, WA 99336
(b) The offices of the director, deputy director(s), program
managers and ((assistant directors all)) other agency officials
are located in the headquarters office.
(c) The titles ((and responsibilities of the seven assistant
directors)) of the executive staff are as follows:
(((i) Assistant director for the office of water and shorelands -- water quality, water resources, shorelands and coastal
zone management, and water quality financial assistance programs.
(ii) Assistant director for the office of central programs
and enforcement -- central programs, air program, and
environmental investigations and lab services program.
(iii) Assistant director for the office of waste management
--solid and hazardous waste program, toxics cleanup program,
nuclear and mixed waste program, and waste reduction, recycling
and litter control program.
(iv) Assistant director for the office of quality control,
information management and comprehensive planning.
(v) Assistant director for the office of legislative and
intergovernmental affairs.
(vi) Assistant director for the office of financial, personnel, and support services.
(vii) Assistant director for the office of public
information and education.
(2) After September 1993, the satellite program offices will
be located in the headquarters office. Until September 1993, the
satellite program offices are located as follows:
(a) Air program:
College Street Building
4550 3rd Avenue S.E.
Lacey, Washington
(b) Budget, accounting, and support services program:
Sawyer Hall
St. Martin's College Campus
Lacey, Washington
(c) Central programs:
Abbott Raphael Hall
St. Martin's College Campus
Lacey, Washington
2404 Chandler Ct., Suite 260 S.W.
Olympia, Washington
(Industrial Section)
Tanglewilde Building
7240 Martin Way
Olympia, Washington
(Sediments/Environmental Review Section)
(d) Environmental investigations and lab services program:
Airdustrial Building 8
7171 Cleanwater Lane #8
Tumwater, Washington
Mailing address:
P.O. Box 47710
Olympia, WA 98504-7710
(e) Toxics Cleanup Program
Woodland Square
4415 Woodview Drive S.E.
Lacey, Washington
(f) Nuclear and mixed waste program:
99 South Sound Center
Lacey, Washington
7601 W. Clearwater, Suite 102
Kennewick, WA 99336
(Kennewick Hanford Project)
(g) Shorelands and coastal zone management program: Baran Hall
St. Martin's College Campus
Lacey, Washington
(h) Solid and hazardous waste program:
Rowesix Building 4
4224 6th Avenue S.E.
Lacey, Washington
(i) Waste reduction, recycling, and litter control program:
Eikenberry Building
4407 Woodview Drive S.E.
Lacey, Washington
(j) Water quality financial assistance program:
Moduline Building
4500 3rd Avenue
Lacey, Washington
(k) Water quality program:
Prudential Building
715 Woodview Drive S.E.
Lacey, Washington
(l) Water resources program:
Baran Hall
St. Martin's College Campus
Lacey, Washington))
Chief financial officer for financial services.
Administrative services manager for administrative services.
Director for intergovernmental relations.
Director for employee services.
Director for communications and education.
Assistant administrator for spills prevention, preparedness and response.
(2) The program offices located in the headquarters office are:
(a) Air quality;
(b) Water resources;
(c) Water quality;
(d) Toxics cleanup;
(e) Nuclear waste;
(f) Solid waste and financial assistance;
(g) Hazardous waste and toxics reductions;
(h) Environmental investigations and laboratory services; and
(i) Shorelands and environmental assistance.
(3) Regional offices and their geographical jurisdictions are as follows:
(a) Northwest regional office (Whatcom, Skagit, Snohomish, San Juan, Island, King, and Kitsap counties):
3190 - 160th Avenue S.E.
Bellevue, WA 98008-5452
(b) Southwest regional office (Pierce, Thurston, Mason, Clallam, Jefferson, Grays Harbor, Pacific, Lewis, Cowlitz, Wahkiakum, Clark, and Skamania counties):
((7272 Cleanwater Lane
Tumwater, Washington))
300 Desmond Drive
Lacey, WA 98503
Mailing address:
P.O. Box 47775
Olympia, Washington 98504-7775
(c) Central regional office (Okanogan, Chelan, Douglas, Kittitas, Yakima, Benton, and Klickitat counties):
((106 South 6th Avenue
Yakima, WA 98902-3387
3601 W. Washington
Yakima, Washington 98903-1164
(Water Resources Program)))
15 West Yakima, Suite 200
Yakima, WA 98902-3401
(d) Eastern regional office (Ferry, Stevens, Pend Oreille,
Grant, Lincoln, Spokane, Adams, Whitman, Franklin, Walla
(([Walla])) Walla, Columbia, Garfield, and Asotin counties):
N. 4601 Monroe, Suite 100
Spokane, Washington 99205-1295
[Statutory Authority: RCW 42.17.250 - 42.17.340 and 1992 c 139. 92-20-116 (Order 92-37), § 173-03-030, filed 10/7/92, effective 11/7/92. Statutory Authority: RCW 43.17.060 and 42.17.260. 90-21-119 (Order 90-37), § 173-03-030, filed 10/23/90, effective 11/23/90. Statutory Authority: RCW 42.17.250 - 42.17.340. 78-02-041 (Order DE 77-35), § 173-03-030, filed 1/17/78.]
AMENDATORY SECTION (Amending Order 92-37, filed 10/7/92, effective 11/7/92)
WAC 173-03-040 ((Public records available.)) How do I get
access to the public records of the department of ecology? (1)
All public records of the department are available for public
inspection and copying ((pursuant to)) under these rules subject
to subsections (2), (3), (4), and (5) of this section.
(2) Availability of public records is subject to the exemptions and prohibitions against disclosure contained in RCW
42.17.310, 42.17.130, 42.17.255, 42.17.260, and 90.52.020. In
addition, individuals may ((seek)) request, and ecology may
grant, confidentiality of documents from disclosure under RCW
43.21A.160 and 70.105.170.
(3) When a public record includes information ((the
disclosure of)) which, if disclosed, would lead to an
unreasonable invasion of personal privacy, and the department
becomes aware of this fact, the department shall delete such
information before making the record available.
(4) Public records requested may not be readily available
for immediate inspection. If the requested records are not
readily available, the department shall notify the requester when
and where ((such)) those records will be available.
(5) Public records of the department are kept by the
department or state archives until scheduled for destruction by
the records retention schedule ((pursuant to)) in accordance with
chapter 40.14 RCW. Public records ((which are)) subject to a
request for disclosure when scheduled for destruction shall be
retained by the department and ((shall)) may not be erased or
destroyed until the request is resolved.
[Statutory Authority: RCW 42.17.250 - 42.17.340 and 1992 c 139. 92-20-116 (Order 92-37), § 173-03-040, filed 10/7/92, effective 11/7/92. Statutory Authority: RCW 42.17.250 - 42.17.340. 78-02-041 (Order DE 77-35), § 173-03-040, filed 1/17/78.]
AMENDATORY SECTION (Amending Order 90-37, filed 10/23/90, effective 11/23/90)
WAC 173-03-050 ((Records index.)) What records are retained
and how are they indexed? The records retention schedule
established by the division of state archives of the office of
the secretary of state serves as an index for the identification
and location of the following records:
(1) All records issued before July 1, 1990, for which the department has maintained an index;
(2) Final orders entered after June 30, 1990, that are issued in adjudicative proceedings as defined in RCW 34.05.010(1) and that contain an analysis or decision of substantial importance to the department in carrying out its duties;
(3) Declaratory orders entered after June 30, 1990, that are issued pursuant to RCW 34.05.240 and that contain an analysis or decision of substantial importance to the department in carrying out its duties; and
(4) Interpretive statements as defined in RCW 34.05.010(8) that were entered after June 30, 1990.
The records retention schedule indexes records according to the originating program or section, and then the record series title. Each title is further identified by a statement of function or purpose, and the retention period. The records retention schedule is available to the public for inspection and copying. With the assistance of the public records officer or designee, any person can obtain access to public records of the department using the records retention schedule.
A separate index of policy statements as defined in RCW 34.05.010(4) entered after June 30, 1990, shall be maintained by the department's policy manual coordinator or designees.
[Statutory Authority: RCW 43.17.060 and 42.17.260. 90-21-119 (Order 90-37), § 173-03-050, filed 10/23/90, effective 11/23/90. Statutory Authority: RCW 42.17.250 - 42.17.340. 78-02-041 (Order DE 77-35), § 173-03-050, filed 1/17/78.]
AMENDATORY SECTION (Amending Order 92-37, filed 10/7/92, effective 11/7/92)
WAC 173-03-060 ((Requests for public records.)) How do I
request a public record? (1) All requests for inspection or
copying made in person at a department office shall be made on a
form substantially as follows:
request for public records
Date of Request . . . | Time of Request . . . |
Name . . . | |
Address . . . | |
. . . | |
Description of Records: | |
. . . | |
. . . | |
. . . |
I understand that if a list of individuals is provided me by the
Department of Ecology, it will neither be used to promote the
election of an official ((or)) nor promote ((or)) nor oppose a
ballot proposition as prohibited by RCW 42.17.130 nor for
commercial purposes ((or)) nor give or provide access to material
to others for commercial purposes as prohibited by RCW
42.17.260(((6))) (9).
I understand that I will be charged the amount necessary to reimburse the department's cost for copying.
. . .
Signature | |||
Number of pages to be copied | . . . | ||
Number of copies per page | . . . | ||
Charge per copy | $ | . . . | |
Special copy work charge | $ | . . . | |
Staff time charge | $ | . . . | |
Total charge | $ | . . . |
(2) ((All requests made in person may be made at a department)) You may request records in person at a department of
ecology office between the hours of 8:00 a.m. to 12:00 noon and
1:00 p.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays.
(3) ((A request for inspection or copying of public records
may be made by mail in a letter containing)) If you make your
request by mail, your request must contain the following
information:
(a) The name and address of the person making the request and the organization the person represents;
(b) The time of day and calendar date on which the person wishes to inspect the public records;
(c) A description of the public records requested;
(d) A statement whether access to copying equipment is desired;
(e) A phone number where the person can be reached in case the public records officer or designate needs to contact the person for further description of the material or any other reason.
(f) A statement that the record will not be used for commercial purposes.
(4) The department must receive all requests ((by mail must
be received by the department)) at least five business days
before the requested date of inspection to allow the public
records officer or designee to make certain the requested records
are available and not exempt and, if necessary, to contact the
person requesting inspection. The department will process all
requests ((will be handled)) in a timely manner. However, large
requests or requests for public records maintained off-site may
require more than five business days to prepare. The department
will respond to your request within five business days of
receiving ((a public record request, the department will
respond)) it, by either:
(a) Providing the record;
(b) Acknowledging that the department has received the request and providing a reasonable estimate of the time the department will require to respond to the request; or
(c) Denying the public record request.
Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. In acknowledging receipt of a public record request that is unclear, the department may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the agency need not respond to it.
(5) The department may in its discretion fill requests made by telephone or facsimile copy (fax).
[Statutory Authority: RCW 42.17.250 - 42.17.340 and 1992 c 139. 92-20-116 (Order 92-37), § 173-03-060, filed 10/7/92, effective 11/7/92. Statutory Authority: RCW 43.17.060 and 42.17.260. 90-21-119 (Order 90-37), § 173-03-060, filed 10/23/90, effective 11/23/90. Statutory Authority: RCW 42.17.250 - 42.17.340. 78-02-041 (Order DE 77-35), § 173-03-060, filed 1/17/78.]
AMENDATORY SECTION (Amending Order 92-37, filed 10/7/92, effective 11/7/92)
WAC 173-03-070 ((Fees.)) How much will it cost me to view a
public record? ((No fee shall be charged)) The department does
not charge a fee for the inspection of public records. The
department will charge an amount necessary to reimburse its costs
for providing copies of records. This amount shall be
((determined)) reviewed from time to time by the department, and
shall represent the costs of providing copies of public records
and for use of the department's copy equipment, including staff
time spent copying records, preparing records for copying, and
restoring files. This charge is the amount necessary to
reimburse the department for its actual costs ((incident to
such)) for copying and ((shall be)) is payable at the time copies
are furnished. The charge for special copy work of nonstandard
public records shall reflect the total cost, including the staff
time necessary to safeguard the integrity of these records.
[Statutory Authority: RCW 42.17.250 - 42.17.340 and 1992 c 139. 92-20-116 (Order 92-37), § 173-03-070, filed 10/7/92, effective 11/7/92. Statutory Authority: RCW 43.17.060 and 42.17.260. 90-21-119 (Order 90-37), § 173-03-070, filed 10/23/90, effective 11/23/90. Statutory Authority: RCW 42.17.250 - 42.17.340. 78-02-041 (Order DE 77-35), § 173-03-070, filed 1/17/78.]
AMENDATORY SECTION (Amending Order DE 77-35, filed 1/17/78)
WAC 173-03-080 ((Statement of reason for denial of public
records request.)) What happens when the department denies a
public records request? When the department refuses, in whole or
part, a ((written)) request for inspection of any public record,
it ((shall)) must include a statement of the specific exemption
authorizing the refusal and a brief explanation of how the
exemption applies to the record withheld.
[Statutory Authority: RCW 42.17.250 - 42.17.340. 78-02-041 (Order DE 77-35), § 173-03-080, filed 1/17/78.]
AMENDATORY SECTION (Amending Order DE 77-35, filed 1/17/78)
WAC 173-03-090 ((Reviews of denial of public records
request.)) What do I do if I object to the department's denial to
review a public record? (1) Any person who objects to the
refusal of a ((written)) request for a public record may petition
for prompt review of ((such)) that decision by ((tendering))
submitting a written request for review. The written request
shall specifically refer to the written statement by the public
records officer or designee which constituted or accompanied the
refusal.
(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
director or ((his)) the director's delegate. The director or
((his)) delegate shall immediately consider the matter and either
affirm or reverse ((such)) the refusal. The final decision shall
be sent to the objecting person within two business days
following receipt of the petition for review.
[Statutory Authority: RCW 42.17.250 - 42.17.340. 78-02-041 (Order DE 77-35), § 173-03-090, filed 1/17/78.]
AMENDATORY SECTION (Amending Order 92-37, filed 10/7/92, effective 11/7/92)
WAC 173-03-100 ((Protection of public records.)) How does
the department protect public records? In order to adequately
protect the public records of the department, you must comply
with the following guidelines ((shall be adhered to by any person
inspecting such)) while inspecting public records:
(1) ((No)) You may not remove any public record((s shall be
removed)) from the department's premises.
(2) ((Inspection of any public record shall be conducted in
the presence of)) You must have a designated department employee
present while you are inspecting a public record.
(3) ((No public records may be marked or defaced)) You may
not mark or deface a public record in any manner during
inspection.
(4) You may not dismantle public records which are
maintained in a file or jacket, or in chronological or other
filing order, or those records which, ((the loss or destruction
of which)) if lost or destroyed, would constitute excessive
interference with the department's essential functions((, may not
be dismantled except for purposes of copying and then only by the
public records officer or designee)).
(5) Access to file cabinets, shelves, vaults, or other storage areas is restricted to department personnel, unless other arrangements are made with the public records officer or designee.
[Statutory Authority: RCW 42.17.250 - 42.17.340 and 1992 c 139. 92-20-116 (Order 92-37), § 173-03-100, filed 10/7/92, effective 11/7/92. Statutory Authority: RCW 43.17.060 and 42.17.260. 90-21-119 (Order 90-37), § 173-03-100, filed 10/23/90, effective 11/23/90. Statutory Authority: RCW 42.17.250 - 42.17.340. 78-02-041 (Order DE 77-35), § 173-03-100, filed 1/17/78.]