Chapter 18.60
GENERAL REQUIREMENTS
Sections:
18.60.010 Purpose of this chapter and adoption by reference.
18.60.020 Additional definitions.
18.60.030 Designation of responsible official.
18.60.040 Lead agency determination and responsibilities.
18.60.050 Transfer of lead agency status to a state agency.
18.60.060 Additional timing considerations.
18.60.010 Purpose of this chapter and adoption by reference.
This chapter contains the basic requirements that apply to the SEPA process. The city adopts the following sections of Chapter 197-11 WAC by reference:
WAC
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.
197-11-210 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.
(Ord. 548 § 2 (Exh. D) (part), 2007)
18.60.020 Additional definitions.
In addition to those definitions contained within WAC 197-11-220 and 197-11-700 through 197-11-799, when used in this division, the following terms shall have the following meanings, unless the context indicates otherwise:
“City” means the city of Rainier.
“County” means Thurston County.
“Early notice” means the city’s response to an applicant stating whether the city considers issuance of a determination of significance (DS) likely for the applicant’s proposal.
“Ordinance” means this division, and may include any city ordinance, resolution, or other procedure used by Rainier to adopt regulatory requirements.
“SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology. (Ord. 548 § 2 (Exh. D) (part), 2007)
18.60.030 Designation of responsible official.
A. For proposals for which the city is the lead agency, the responsible official shall be the mayor or mayor’s designee.
B. For all proposals for which the city is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required 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.
C. The city shall retain all documents required by the SEPA rules, and shall make them available to the public in accordance with Chapter 42.17 RCW. (Ord. 548 § 2 (Exh. D) (part), 2007)
18.60.040 Lead agency determination and responsibilities.
A. The department within the city receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050, 197-11-253, and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.
B. When the city is the lead agency for a proposal, the department receiving the application shall determine the responsible official who shall supervise compliance with the threshold determination requirements and, if an EIS is necessary, shall supervise preparations of the EIS.
C. When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless it finds it to be required under criteria of WAC 197-11-600. In some cases, the city may conduct supplemental environmental review under WAC 197-11-600.
D. If the city or any of its departments receives a lead agency determination made by another agency that appears to it to be 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 be resolved within fifteen (15) days of receipt of the determination, or the city can, within such fifteen (15) day period, petition the Department of Ecology for a lead agency determination under WAC 197-11-946. Any such petition on behalf of the city shall be initiated by the responsible official.
E. Departments of the city 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.
F. Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal.
G. When the city of Rainier is lead agency for an MTCA remedial action, the Department of Ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the city shall decide jointly with the Department of Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency. (Ord. 548 § 2 (Exh. D) (part), 2007)
18.60.050 Transfer of lead agency status to a state agency.
A. For any proposal for a private project where the city would be the lead agency and for which one or more state agencies have jurisdiction, the city’s responsible official may transfer the lead agency duties to the state agency. The state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the city shall be an agency with jurisdiction.
B. To transfer lead agency duties, the city’s responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 548 § 2 (Exh. D) (part), 2007)
18.60.060 Additional timing considerations.
For nonexempt proposals, the final EIS for the proposal shall accompany the city staff recommendations to any appropriate advisory body, such as the planning commission, or city council. (Ord. 548 § 2 (Exh. D) (part), 2007)