40.570.020 General Requirements

40.570.020    General Requirements

A.    Purpose of This Chapter and Adoption by Reference.

    This section contains the basic requirements that apply to the SEPA process. The county adopts the following sections of the SEPA Rules by reference, as supplemented by this section:

    WAC

    197-11-030    Policy

    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 actions during SEPA process

    197-11-080    Incomplete or unavailable information

    197-11-090    Supporting documents

    197-11-100    Information required of applicants

    197-11-158    GMA project review – Reliance on existing plans and regulations

    197-11-164    Planned actions – Definitions and criteria

    197-11-168    Ordinances or resolutions designating planned actions – Procedures for adoption

    197-11-172    Planned actions – Project review

    197-11-910    Designation of responsible official

    197-11-912    Procedures on consulted agencies

    197-11-210    SEPA/GMA integration

    197-11-220    SEPA/GMA definitions

    197-11-228    Overall SEPA/GMA integration procedures

    197-11-230    Timing of an integrated GMA/SEPA process

    197-11-232    SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping

    197-11-235    Documents

    197-11-238    Monitoring

    197-11-250    SEPA/Model Toxics Control Act integration

    197-11-253    SEPA lead agency for MTCA actions

    197-11-256    Preliminary evaluation

    197-11-259    Determination of nonsignificance for MTCA remedial actions

    197-11-262    Determination of significance and EIS for MTCA remedial actions

    197-11-265    Early scoping for MTCA remedial actions

    197-11-268    MTCA interim actions

B.    Designation of Responsible Official for the Purposes of SEPA.

1.    For public proposals, the head (administrative official) of the lead department or division making the proposal shall be the responsible official. Whenever possible, agency people carrying out SEPA procedures should be different from agency people making the proposal (WAC 197-11-926(2)).

2.    For private proposals, the head (administrative official) of the department or division with primary responsibility for approving or processing the permits and licenses for the proposal shall be the responsible official. When multiple officials have permitting authority, the assignment of responsibility shall be reached by agreement.

3.    For all proposals for which the county is the lead agency, the responsible official shall evaluate the environmental impacts of the proposal, 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 Section 40.570.020(A), including consulted agency responsibilities under WAC 197-11-912 when the county is not the lead agency.

4.    Departments of the county are 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; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.

5.    The county shall retain all documents required by the SEPA Rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW.

C.    Additional SEPA Timing Considerations.

1.    The following time limits (expressed in calendar days) shall apply when the county processes licenses for all private projects and those governmental proposals submitted to the county by other agencies requesting the county to perform lead agency functions:

a.    The county should complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within fifteen (15) calendar days of determining that an application is fully complete pursuant to Section 40.510.020(C) for Type II decisions or Section 40.510.030(C) for Type III decisions, but no sooner than the end of the comment period on any notice of application required pursuant to Section 40.510.020(E) for Type II decisions or Section 40.510.030(E) for Type III decisions.

b.    When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction:

(1)    The county should request such further information within fifteen (15) calendar days of determining that an application is fully complete;

(2)    The county shall wait no longer than thirty (30) days for a consulted agency to respond;

(3)    The responsible official should complete the threshold determination within fifteen (15) calendar days of receiving the requested information from the applicant or the consulted agency; provided, that a threshold determination shall not be issued until the expiration of the comment period on the notice of application, and shall be issued at least fifteen (15) calendar days prior to any open record pre-decision hearing required pursuant to Section 40.510.030(C).

c.    When the county must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the county should complete the studies within thirty (30) days of determining that the application is fully complete.

2.    For nonexempt proposals, the determination of nonsignificance (DNS) or final EIS for the proposal shall be combined with the county’s staff recommendation to any appropriate advisory or decision-making body, such as the planning commission, hearing examiner, or board.

3.    If the county’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 county conduct environmental review prior to submission of the detailed plans and specifications. The point at which environmental review may be initiated for specific permits or other licenses requiring detailed project plans and specifications is upon filing of a fully complete application, including an environmental checklist, and preliminary or conceptual site development plans.

D.    SEPA/GMA Integration.

    The county endorses the amended procedures of WAC 197-11-210 through 197-11-235 regarding the optional integration of SEPA review with actions being considered for adoption under the Growth Management Act and, when used, shall supersede the SEPA process requirements that would otherwise apply.

E.    GMA Project Review – Reliance on Existing Plans and Regulations.

    The county endorses the amended procedures of WAC 197-11-158 regarding reliance on existing plans, laws, and regulations for environmental review and any supplement provisions adopted pursuant to this part, and shall apply such procedures to the review of project proposal where appropriate.

F.    Planned Actions.

    The county endorses the amended procedures of WAC 197-11-164 through 197-11-172 regarding project proposal review as a “planned action” to projects which meet the criteria for planned action environmental review in accordance with RCW 43.21C.031.