WSR 98-20-019
PERMANENT RULES
DEPARTMENT OF
GENERAL ADMINISTRATION
[Filed September 25, 1998, 1:57 p.m.]
Date of Adoption: September 24, 1998.
Purpose: To implement SEPA rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 236-11-020, 236-11-040, 236-11-070, 236-11-090 and 236-11-120; and amending WAC 236-11-010, 236-11-050, 236-11-080, 236-11-100, and 236-11-110.
Statutory Authority for Adoption: RCW 43.21C.120.
Adopted under notice filed as WSR 98-07-110 on March 18, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 5, repealed 5.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
September 24, 1998
Grant L. Fredricks
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.]
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 of 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.