Chapter 14.05
SEPA POLICIES AND PROCEDURES
Sections:
Article I. Purpose and Authority
14.05.010 Authority.
14.05.020 Purpose.
Article II. General Requirements
14.05.030 Purpose and adoption by reference.
14.05.040 Additional definitions.
14.05.050 Designation of responsible official.
14.05.060 SEPA information.
14.05.070 Lead agency determination and responsibilities.
14.05.080 Time limits applicable to the SEPA process.
14.05.090 Coordination of environmental review with town action.
Article III. Categorical Exemptions and Threshold Determinations
14.05.100 Purpose and adoption by reference.
14.05.110 Flexible thresholds for categorical exemptions.
14.05.120 Use of exemptions.
14.05.130 Environmental checklist.
14.05.140 Mitigated determination of non-significance (DNS).
Article IV. Environmental Impact Statements (EIS)
14.05.150 Purpose and adoption by reference.
14.05.160 Preparation of EIS.
Article V. Commenting
14.05.170 Purpose and adoption by reference.
14.05.180 Public notice.
14.05.190 Designation of official to perform consulted agency responsibilities for the town.
Article VI. Using Existing Environmental Documents
14.05.200 Purpose and adoption by reference.
Article VII. Agency SEPA Decisions
14.05.210 Purpose and adoption by reference.
14.05.220 Substantive authority.
14.05.230 Notice/statute of limitations.
Article VIII. Definitions
14.05.240 Purpose and adoption by reference.
Article IX. Agency Compliance
14.05.250 Purpose and adoption by reference.
14.05.260 Fees.
Article I. Purpose and Authority
14.05.010 Authority.
The town of Cathlamet, adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120 and the SEPA Rules, WAC 197-11-904. (Ord. 318 Part 1 § 1, 1984)
14.05.020 Purpose.
This chapter contains the town’s SEPA procedures and policies. The SEPA Rules, Chapter 197-11 WAC will be used in conjunction with this code. (Ord. 318 Part 1 § 2, 1984)
Article II. General Requirements
14.05.030 Purpose and adoption by reference.
This article contains the basic requirements that apply to the SEPA process. The town adopts the following sections of the WAC by reference:
197-11-040 Definitions
197-11-050 Lead agency
197-11-055 Timing of the SEPA process
197-11-060 Content of environmental review
197-11-070 Limitations on action during SEPA process
197-11-080 Incomplete or unavailable information
197-11-090 Supporting documents
197-11-100 Information required of applicants
(Ord. 318 Part 2 § 1, 1984)
14.05.040 Additional definitions.
In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:
(1) "Department" means any division, subdivision or organizational unit of the town established by ordinance, rule or order.
(2) "SEPA rules" means Chapter 197-11 WAC adopted by the Department of Ecology.
(3) "Ordinance" means the ordinance, resolution, or other procedure used by the town to adopt regulatory requirements.
(4) "Early notice" means the town’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of non-significance procedures).
(5) "EIS" means environmental impact statement.
(6) "DNS" means determination of nonsignificance.
(7) "DS" means determination of significance.
(8) "WAC" means Washington Administrative Code. (Ord. 318 Part 2 § 2, 1984)
14.05.050 Designation of responsible official.
(1) For those proposals for which the town is the lead agency, the responsible official shall be the town’s public works superintendent.
(2) For all proposals for which the town is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the "lead agency" or "responsible official" by those sections of the SEPA rules adopted by reference in this chapter. (Ord. 318 Part 2 § 3, 1984)
14.05.060 SEPA information.
The town shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW, at the office of the town clerk-treasurer. (Ord. 318 Part 2 § 4, 1984)
14.05.070 Lead agency determination and responsibilities.
(1) When the town receives an application for or initiates a proposal that involves a nonexempt action, the public works superintendent shall determine the lead agency for that proposal under WAC 197-11-050 and WAC 197-11-922 through 197-11-940; unless the lead agency has been previously determined.
(2) When the town is the lead agency for a proposal, the public works superintendent shall supervise compliance with the threshold determination requirements and if an EIS is necessary, shall supervise preparation of the EIS.
(3) When the town is not the lead agency of a proposal, all departments of the town shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No town department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the town may conduct supplemental environmental review under WAC 197-11-600.
(4) If the town or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination, or the town must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the town shall be initiated by the public works superintendent.
(5) The public works superintendent is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944.
(6) When the public works superintendent makes a lead agency determination for a private project, he/she shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal (that is: which agencies require nonexempt licenses). (Ord. 318 Part 2 § 5, 1984)
14.05.080 Time limits applicable to the SEPA process.
(1) The following time limits (expressed in calendar days) shall apply when the town processes licenses for all private projects and those governmental proposals submitted to the town by other agencies:
(a) Categorical Exemptions. The town shall identify whether an action is categorically exempt within seven days of receiving a completed application.
(b) Threshold Determinations. The town should complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within 15 days of the date an applicant’s adequate application and completed checklist are submitted.
(2) Complex proposals where additional information is needed and/or those proposals accompanied by an inaccurate checklist may require additional time. Upon request by an applicant, the responsible official shall select a date for making a threshold determination and notify the applicant of such date in writing. In no event shall the responsible official unreasonably delay the threshold determination. (Ord. 318 Part 2 § 6, 1984)
14.05.090 Coordination of environmental review with town action.
(1) For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the town’s staff recommendation to any appropriate decision-making body.
(2) If the town’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the town conduct environmental review prior to submission of the detailed plans and specifications. (Ord. 318 Part 2 § 7, 1984)
Article III. Categorical Exemptions and Threshold Determinations
14.05.100 Purpose and adoption by reference.
This article contains the rules for deciding whether a proposal has a "probable significant, adverse environmental impact" requiring an EIS to be prepared. This article also contains rules for categorical exemptions and rules for evaluating the impacts of proposals not requiring an EIS as well as the application of exemptions and flexible thresholds. The town adopts the following sections of the WAC by reference, as supplemented in this part.
197-11-300 Purpose of this part
197-11-305 Categorical exemptions
197-11-310 Threshold determination required
197-11-315 Environmental checklist
197-11-330 Threshold determination process
197-11-335 Additional information
197-11-340 Determination of nonsignificance (DNS)
197-11-350 Mitigated DNS
197-11-360 Determination of significance (DS)/initiation of scoping
197-11-390 Effect of threshold determination
197-11-800 Categorical exemptions
197-11-880 Emergencies
197-11-890 Petitioning DOE to change exemptions
(Ord. 318 Part 3 § 1, 1984)
14.05.110 Flexible thresholds for categorical exemptions.
(1) The town establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions:
(a) For residential dwelling units in WAC 197-11-800(1)(b)(i): up to four dwelling units;
(b) For agricultural structures in WAC 197-11-800(1)(b)(ii): up to 10,000 square feet;
(c) For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii): up to 12,000 square feet and up to 40 parking spaces;
(d) For parking lots in WAC 197-11-800(1)(b)(iv): up to 20 parking spaces;
(e) For landfills and excavations in WAC 197-11-800(l)(b)(v): up to 500 cubic yards.
(2) Whenever the town establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, under WAC 197-11-800(1)(c). (Ord. 318 Part 3 § 2, 1984)
14.05.120 Use of exemptions.
(1) When the town receives an application for a license or initiates a proposal, the responsible official shall determine whether the license and/or the proposal is exempt. The determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The town shall not require completion of an environmental checklist for an exempt proposal.
(2) In determining whether or not a proposal is exempt, the responsible official shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.
(3) If a proposal includes both exempt and nonexempt actions, the town may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:
(a) The town shall not give authorization for:
(i) Any nonexempt action;
(ii) Any action that would have an adverse environmental impact; or
(iii) Any action that would limit the choice of alternatives.
(b) A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved.
(c) A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. (Ord. 318 Part 3 § 3, 1984)
14.05.130 Environmental checklist.
(1) A completed environmental checklist (or a copy) in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this chapter; except, a checklist is not needed if the town and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The town shall use the environmental checklist to determine the lead agency and, if the town is the lead agency, for making the threshold determination.
(2) For private proposals, the town will require the applicant to complete the environmental checklist, providing assistance as necessary. For town proposals, the department initiating the proposal shall complete the environmental checklist for that proposal. (Ord. 318 Part 3 § 4, 1984)
14.05.140 Mitigated determination of non-significance (DNS).
(1) As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of the proposal made by the applicant.
(2) An applicant may request in writing early notice of whether a determination of significance (DS) is likely under WAC 197-11-350. The request must:
(a) Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the town is lead agency; and
(b) Precede the town’s actual threshold determination for the proposal.
(3) The responsible official should respond to the request for early notice within 10 working days. The response shall:
(a) Be written;
(b) State whether the town currently considers issuance of a DS likely, and, if so, indicate the general or specific area(s) of concern that are leading the town to consider a DS; and
(c) State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.
(4) As much as possible, the town should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
(5) When an applicant submits a changed or clarified proposal, along with a revised environmental checklist; the town shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 calendar days of receiving the changed or clarified proposal:
(a) If the town indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the town shall issue and circulate a determination of nonsignificance under WAC 197-11-340(2).
(b) If the town indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the town shall make the threshold determination, issuing a DNS or DS as appropriate.
(c) The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to "control noise" or "prevent stormwater runoff" are inadequate, whereas proposals to "muffle machinery to X decibel" or "construct 200-foot stormwater retention pond at Y location" are adequate.
(d) Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.
(6) A mitigated DNS is issued under WAC 197-11-340(2), requiring a 15 calendar-day comment period and public notice.
(7) Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the town.
(8) If the town’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the town should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).
(9) The town’s written response under subsection (2) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the town to consider the clarifications or changes in its threshold determination. (Ord. 318 Part 3 § 5, 1984)
Article IV. Environmental Impact
Statements (EIS)
14.05.150 Purpose and adoption by reference.
This article contains the rules for preparing environmental impact statements. The town adopts the following sections of the WAC by reference, as supplemented by this article:
197-11-400 Purpose of EIS
197-11-402 General requirements
197-11-405 EIS types
197-11-406 EIS timing
197-11-408 Scoping
197-11-410 Expanded scoping
197-11-420 EIS preparation
197-11-425 Style and size
197-11-430 Format
197-11-435 Cover letter or memo
197-11-440 EIS contents
197-11-442 Contents of EIS on nonproject proposals
197-11-443 EIS contents when prior nonproject EIS
197-11-444 Elements of the environment
197-11-448 Relationship of EIS to other consideration
197-11-450 Cost-benefit analysis
197-11-455 Issuance of DEIS
197-11-460 Issuance of FEIS
(Ord. 318 Part 4 § 1, 1984)
14.05.160 Preparation of EIS.
(1) Preparation of draft and final EISs and supplemental EISs is the responsibility of the responsible official. Before the town issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.
(2) The draft and final EIS or supplemental EIS shall be prepared by town staff, the applicant, or by a consultant selected by the town or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the town will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the town’s procedure for EIS preparation, including approval of the draft and final EIS prior to distribution.
(3) The town may require an applicant to provide information the town does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the town may request under another ordinance or statute). (Ord. 318 Part 4 § 2, 1984)
Article V. Commenting
14.05.170 Purpose and adoption by reference.
This article contains rules for consulting, commenting and responding on all environmental documents under SEPA, including rules for public notice and hearings. The town adopts the following sections of the WAC by reference, as supplemented in this article.
197-11-500 Purpose of this part
197-11-502 Inviting comment
197-11-504 Availability and cost of environmental documents
197-11-508 SEPA register
197-11-535 Public hearings and meetings
197-11-545 Effect of no comment
197-11-550 Specificity of comments
197-11-560 FEIS response to comments
197-11-570 Consulted agency costs to assist lead agency
(Ord. 318 Part 5 § 1, 1984)
14.05.180 Public notice.
(1) Whenever the town issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the town shall give public notice as follows:
(a) If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.
(b) If no public notice is required for the permit or approval, the town shall give notice of the DNS or DS by at least one of the following:
(i) Posting the property for site specific proposals;
(ii) Publishing notice in a newspaper of general circulation in the county, town, or general area where the proposal is located;
(iii) Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;
(iv) Notifying the news media;
(v) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or
(vi) Publishing notice in agency newsletters and/or sending notice to agency mailing lists (either general lists or lists for specific proposals or subject areas).
(c) Whenever the town issues a DS under WAC 197-11-360(3) the town shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408.
(2) Whenever the town issues a draft EIS under WAC 197-11-455(5) or a supplemental EIS under WAC 197-11-620, notice of the availability of those documents shall be given by indicating the availability of the draft EIS in any public notice required for a nonexempt license, and by at least one of the following methods:
(a) Posting of property, for site-specific proposals;
(b) Publishing notice in a newspaper of general circulation in the county, town, or general area where the proposal is located;
(c) Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;
(d) Notifying the news media;
(e) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or
(f) Publishing notice in agency newsletters and/or sending notice to agency mailing lists (either general lists or lists for specific proposals or subject areas).
(3) Whenever possible, the town shall integrate the public notice required under this section with existing notice procedures for the town’s nonexempt permit(s) or approval(s) required for the proposal.
(4) The town may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. (Ord. 318 Part 5 § 2, 1984)
14.05.190 Designation of official to perform consulted agency responsibilities for the town.
(1) The public works superintendent shall be responsible for preparation of written comments for the town in response to a consultation request prior to a threshold determination, participation in scoping, or reviewing a draft EIS.
(2) This person shall be responsible for the town’s compliance with WAC 197-11-550 whenever the town is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the town. (Ord. 318 Part 5 § 3, 1984)
Article VI. Using Existing Environmental Documents
14.05.200 Purpose and adoption by reference.
This article contains rules for using and supplementing existing environmental documents prepared under SEPA or NEPA for the town’s own environmental compliance. The town adopts the following sections of the WAC by reference:
197-11-600 When to use existing environmental documents
197-11-610 Use of NEPA documents
197-11-620 Supplemental environmental impact statement – Procedures
197-11-625 Addenda – Procedures
197-11-630 Adoption – Procedures
197-11-635 Incorporation by reference –Procedures
197-11-640 Combining documents
(Ord. 318 Part 6 § 1, 1984)
Article VII. Agency SEPA Decisions
14.05.210 Purpose and adoption by reference.
This article contains rules and policies for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This article also contains procedures for appealing SEPA determinations to agencies or the courts. The town adopts the following sections of the WAC by reference:
197-11-650 Purpose of this part
197-11-655 Implementation
197-11-660 Substantive authority and mitigation
197-11-680 Appeals
197-11-700 Definitions
(Ord. 318 Part 7 § 1, 1984)
14.05.220 Substantive authority.
(1) The policies and goals set forth in this chapter are supplementary to those in existing ordinances, resolutions and plans of the town of Cathlamet.
(2) The town may attach conditions to a permit or approval for a proposal so long as:
(a) Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and
(b) Such conditions are in writing; and
(c) The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
(d) The town has considered whether other local, state, or federal mitigation measures applied to the proposal, are sufficient to mitigate the identified impacts; and
(e) Such conditions are based on one or more policies in subsection (4) of this section and cited in the license or other decision document.
(3) The town may deny a permit or approval for a proposal on the basis of SEPA, so long as:
(a) A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final EIS or final supplemental EIS prepared pursuant to this chapter; and
(b) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
(c) The denial is based on one or more policies identified in subsection (4) of this section and identified in writing in the decision document.
(4) The town designates and adopts by reference the following policies as the basis for the town’s exercise of authority pursuant to this section:
(a) The town shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources to the end 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.
(b) The town adopts by reference the policies in the following town ordinances, plans and resolutions as existing or amended in the future:
(i) Comprehensive plan of the town of Cathlamet;
(ii) Shorelines Master Program of the town of Cathlamet, adopted May 5, 1975;
(iii) Ordinance No. 198B Relating to the Municipal Water System, adopted May 7, 1945;
(iv) Resolution No. 30 Relating to Water Main Extension Policies, adopted May 15, 1967;
(v) Resolution No. 34 Relating to Rural Water Main Extensions, adopted September 3, 1968;
(vi) Ordinance No. 284 Relating to the Use of Public and Private Sewers, adopted October 16, 1978;
(vii) Ordinance No. 304 Relating to Sewer Connections and Extension of Sewer Lines, adopted December 20, 1982;
(viii) Ordinance No. 287 Relating to Zoning, adopted September 17, 1979;
(ix) Ordinance No. 293 Relating to Addressing, adopted March 16, 1981;
(x) Ordinance No. 257 Relating to Mobile Home Parks, adopted October 5, 1970;
(xi) Resolution No. 60 Relating to Flood Insurance and Flood Plains, adopted June 6, 1977;
(xii) Resolution No. 61 Relating to the Use of the Uniform Building Code, adopted June 6, 1977.
(5) Except for permits and variances issued pursuant to the town of Cathlamet Shoreline Master Program, when any proposal or action not requiring a decision of the town council is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the town council. Such appeal may be perfected by the proponent or any aggrieved party by giving notice to the responsible official within 10 days of the decision being appealed. Review by the town council shall be on a de novo basis. (Ord. 318 Part 7 § 2, 1984)
14.05.230 Notice/statute of limitations.
(1) The town, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.
(2) The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the town clerk, applicant, or proponent pursuant to RCW 43.21C.080. (Ord. 318 Part 7 § 3, 1984)
Article VIII. Definitions
14.05.240 Purpose and adoption by reference.
This article contains uniform usage and definitions of terms under SEPA. The town adopts the following sections of the WAC as supplemented by this chapter.
197-11-702 Act
197-11-704 Action
197-11-706 Addendum
197-11-708 Adoption
197-11-710 Affected tribe
197-11-712 Affecting
197-11-714 Agency
197-11-716 Applicant
197-11-718 Built environment
197-11-720 Categorical exemption
197-11-722 Consolidated appeal
197-11-724 Consulted agency
197-11-726 Cost-benefit analysis
197-11-728 County/town
197-11-730 Decisionmaker
197-11-732 Department
197-11-734 Determination of nonsignificance (DNS)
197-11-736 Determination of significance (DS)
197-11-738 EIS
197-11-740 Environment
197-11-742 Environmental checklist
197-11-744 Environmental document
197-11-746 Environmental review
197-11-748 Environmentally sensitive area
197-11-750 Expanded scoping
197-11-752 Impacts
197-11-754 Incorporation by reference
197-11-756 Lands covered by water
197-11-758 Lead agency
197-11-760 License
197-11-762 Local agency
197-11-764 Major action
197-11-766 Mitigated DNS
197-11-768 Mitigation
197-11-770 Natural environment
197-11-772 NEPA
197-11-774 Nonproject
197-11-776 Phased review
197-11-778 Preparation
197-11-780 Private project
197-11-782 Probable
197-11-784 Proposal
197-11-786 Reasonable alternative
197-11-788 Responsible official
197-11-790 SEPA
197-11-792 Scope
197-11-793 Scoping
197-11-794 Significant
197-11-796 State agency
197-11-797 Threshold determination
197-11-799 Underlying governmental action
(Ord. 318 Part 8 § 1, 1984)
Article IX. Agency Compliance
14.05.250 Purpose and adoption by reference.
This article contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, listing agencies with environmental expertise, selecting the lead agency and applying these rules to current agency activities as well as the application of exemptions and flexible thresholds. The town adopts the following sections of the WAC by reference as supplemented by this article:
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 with jurisdiction
197-11-932 Lead agency for private projects requiring licenses from more then one agency, when one of the agencies is a county/town
197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/ town 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
The town also adopts the following forms and sections of the WAC by reference:
197-11-960 Environmental checklist
197-11-965 Adoption notice
197-11-970 Determination of nonsignificance (DNS)
197-11-980 Determination of significance and scoping notice (DS)
197-11-985 Notice of assumption of lead agency status
197-11-990 Notice of action
(Ord. 318 Part 9 § 1, 1984)
14.05.260 Fees.
The town shall require the following fees for its activities in accordance with the provisions of this chapter:
(1) Threshold Determination. The town shall not collect a fee for threshold determinations.
(2) Environmental Impact Statement.
(a) When the town 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 town, the town may charge and collect a reasonable fee from any applicant, to cover costs incurred by the town in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs from the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.
(b) The responsible official may determine that the town 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 town and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the town and applicant after a call for proposals. The town may require the applicant to post bond or otherwise ensure payment of such costs.
(c) If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsections (2)(a) or (b) of this section which remain after incurred costs are paid.
(3) The town may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.
(4) The town shall not collect a fee for performing its duties as a consulted agency.
(5) The town may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. (Ord. 318 Part 9 § 2, 1984)