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

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

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.

(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.]