Chapter 16.36
AGENCY COMPLIANCE
Sections:
16.36.010 Purpose – Adoption by reference.
16.36.010 Purpose – Adoption by reference.
This chapter contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating environmentally sensitive areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts the following sections by reference, as supplemented by WAC 173-806-043 through 173-806-045 and this chapter:
WAC
197-11-900 Purpose of this part
197-11-902 Agency SEPA policies
197-11-916 Application to ongoing actions
197-11-920 Agencies with environmental expertise
197-11-922 Lead agency rules
197-11-924 Determining the lead agency
197-11-926 Lead agency for governmental proposals
197-11-928 Lead agency for public and private proposals
197-11-930 Lead agency for private projects with one agency jurisdiction
197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city
197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies
197-11-936 Lead agency for private projects requiring licenses from more than one state agency
197-11-938 Lead agencies for specific proposals
197-11-940 Transfer of lead agency status to a state agency
197-11-942 Agreements on lead agency status
197-11-944 Agreements on division of lead agency duties
197-11-946 DOE resolution of lead agency disputes
197-11-948 Assumption of lead agency status
(Ord. 84-339 § 10(A), 1984)
16.36.020 Fees.
The city shall require the following fees for its activities in accordance with the provisions of this title:
A. Threshold Determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee of $50.00 from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this title for making a threshold determination shall not begin to run until payment of the fee. When the city completes the environmental checklist at the applicant’s request or under WAC 173-806-090(3) or this title, an additional $50.00 will be collected.
B. Environmental Impact Statement.
1. When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover the costs incurred by the city in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.
2. The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. The city may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the city and applicant after a call for proposals.
3. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsections (B)(1) and (B)(2) of this section.
C. The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this title relating to the applicant’s proposal.
D. The city may charge any person for copies of any document prepared under this title, and for mailing the document in a manner provided by Chapter 42.17 RCW. (Ord. 84-339 § 10(B), 1984)