Chapter 18.02 STATE ENVIRONMENTAL POLICY ACT IMPLEMENTATION

The town adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. This chapter contains the town’s SEPA procedures and policies. The SEPA rules, Chapter 197-11 WAC, must be used in conjunction with this chapter. (Ord. 604 § 1, 2001).

18.02.020 Purpose and adoptions by reference.

This section contains the basic requirements that apply to the SEPA process. The town 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. 604 § 1, 2001).

18.02.030 Definitions.

A. Adopted by Reference. This section contains uniform usage and definitions of terms under SEPA. The town adopts the following Washington Administrative Code sections by reference, as supplemented by WAC 197-806-040:

WAC

197-11-700 Definitions.

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/city.

197-11-730 Decision maker.

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.

197-11-750 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.

197-11-794 Significant.

197-11-796 State agency.

197-11-797 Threshold determination.

197-11-799 Underlying governmental action.

B. 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. “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 nonsignificance (DNS) procedures).

3. “Ordinance” means the ordinance, resolution or other procedures used by the town to adopt regulatory requirements.

4. “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

5. “Town or city” means the town of Waterville, Washington. (Ord. 604 § 1, 2001).

18.02.040 Designation of responsible official.

A. For public proposals initiated by the town, and for private proposals, the mayor shall be the responsible official.

B. 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, and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rules that are adopted by reference in WMC 18.02.020. (Ord. 604 § 1, 2001).

18.02.050 Lead agency determination and responsibilities.

A. The town, after 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 town is aware that another agency is in the process of determining the lead agency.

B. When the town is the lead agency for a proposal, the mayor shall be the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise the preparation of the EIS.

C. When the town is not the lead agency for a proposal, the town shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on this proposal. The town shall not 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.

D. If the town receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-253 or 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 calendar 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 mayor.

E. The town 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; provided, that the responsible official approves the agreement.

F. The town, as lead agency for a private project, shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal.

G. 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. (Ord. 604 § 1, 2001).

18.02.060 Additional timing considerations.

For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the town’s staff recommendation to any appropriate review authority, such as the planning commission, town council or hearing examiner. (Ord. 604 § 1, 2001).

18.02.070 Categorical exemptions and threshold determinations.

This section contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This section also contains rules for evaluating the impacts of proposals not requiring an EIS. The town adopts the following Washington Administrative Code sections by reference, as supplemented in this chapter:

WAC

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.

197-11-355 Optional DNS process.

197-11-360 Determination of significance (DS)/initiation of scoping.

197-11-390 Effect of threshold determination.

(Ord. 604 § 1, 2001).

18.02.080 Flexible thresholds for categorical determinations.

A. The town establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions:

1. For residential dwelling units in WAC 197-11-800(1)(b)(i) up to four dwelling units;

2. For agricultural structures in WAC 197-11-800(1)(b)(ii) up to 10,000 square feet;

3. For office, school, commercial, recreational service or storage buildings in WAC 197-11-800(1)(b)(iii) up to 4,000 square feet and/or up to 20 parking spaces;

4. For parking lots in WAC 197-11-800(1)(b)(iv) up to 20 parking spaces;

5. For landfills and excavations in WAC 197-11-800(1)(b)(v) up to 100 cubic yards.

B. Whenever the town establishes new exempt levels under this chapter, it shall send them to the Department of Ecology under WAC 197-11-800(1)(c). (Ord. 604 § 1, 2001).

18.02.090 Use of exemptions.

A. The town, after receiving an application for a proposed action or in the case of town-initiated proposals, shall determine whether the proposed action and/or the proposal is exempt. The town’s 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.

B. In determining whether or not a proposal is exempt, the town shall make certain the proposal is properly defined and shall identify the governmental approvals required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the town shall determine the lead agency, even if the proposed action that triggers the town’s consideration is exempt.

C. 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:

1. The town shall not give authorization prior to compliance for:

a. Any nonexempt action;

b. Any action that would have an adverse environmental impact; or

c. Any action that would limit the choice of reasonable alternatives;

2. The town may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose until the nonexempt action(s) were approved; and

3. The town 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. 604 § 1, 2001).

18.02.100 Categorical exemptions – General.

The town adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WMC 18.02.080 and 18.02.090:

WAC

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. 604 § 1, 2001).

18.02.110 Environmental checklist.

A. Except as provided in subsection C of this section, 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 proposed action, permit, license, certificate or other approval not specifically exempted in the chapter; except, that 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.

B. For private proposals, the town will require the applicant to complete the environmental checklist. For town proposals, the town shall complete the environmental checklist for that proposal.

C. For projects submitted as planned actions under WAC 197-11-164, the town shall use its existing environmental checklist form as provided in WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with or as a part of a planned action ordinance; or developed after the ordinance is adopted. In either case, a modified checklist form must be sent to the department of ecology to allow at least a 30-calendar-day review prior to use. (Ord. 604 § 1, 2001).

18.02.120 Mitigated DNS.

A. 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 clarification of, the proposal made by the applicant.

B. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

1. Follow or be concurrent with the submission of an application and environmental checklist for a nonexempt proposal for which the town is lead agency; and

2. Precede the town’s actual threshold determination for the proposal.

C. The responsible official should respond to the request for early notice within 10 working days. The response shall:

1. Be written;

2. State whether the town currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the town to consider a DS; and

3. 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.

D. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the town shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days after receiving the changed or clarified proposal:

1. If the town indicated all 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 may issue and circulate a DNS under WAC 197-11-340(2) if all necessary mitigation measures have been identified.

2. 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 a threshold determination, issuing a DNS or DS as appropriate.

3. 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” or reference to specific codes and laws are adequate.

4. 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.

E. A mitigated DNS is issued under either WAC 197-11-340(2), requiring a 14-day comment period and public notice, or WAC 197-11-355(5), which may require no additional comment period beyond the comment period on the notice of application.

F. 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.

G. The town’s written response under subsection B 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. 604 § 1, 2001).

18.02.130 Environmental impact statement (EIS).

This section contains the rules for preparing environmental impact statements. The town adopts the following Washington Administrative Code sections by reference, as supplemented by this chapter:

WAC

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 (optional).

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 EIS contents 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 considerations.

197-11-450 Cost-benefit analysis.

197-11-455 Issuance of draft EIS.

197-11-460 Issuance of final EIS.

(Ord. 604 § 1, 2001).

18.02.140 Who shall prepare.

A. Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) 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.

B. The DEIS and FEIS or draft and final SEIS shall be prepared by town staff, the applicant if approved by the responsible official, or by consultants approved by the responsible official and selected by the town and 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, billing procedures, financial arrangements for the consultant, and shall include approval process clarification for the DEIS and FEIS prior to distribution.

C. The town may require an applicant to provide information the town does not possess, including specific investigations which will aid the decision-making process. This may include information the town may request under another ordinance or statute. (Ord. 604 § 1, 2001).

18.02.150 Using existing documents.

This section contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the town’s own environmental compliance. The town adopts the following Washington Administrative Code sections by reference:

WAC

197-11-164 Planned actions – Definition and criteria.

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

197-11-172 Planned actions – Project review.

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. 604 § 1, 2001).

18.02.160 Commenting.

This section 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 Washington Administrative Code sections by reference, as supplemented in this chapter:

WAC

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.

197-11-510 Public notice.

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 cost to assist lead agency.

(Ord. 604 § 1, 2001).

18.02.170 Public notice.

A. 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.

B. 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:

1. If a SEPA document is issued concurrently with the notice of application, the public notice requirements for the notice of application will suffice to meet the SEPA public notice requirements.

2. If no public notice is otherwise required for the permit or approval, the town shall give notice of the DNS or DS by at least one of the following methods as determined by the responsible official:

a. Publication in the official legal newspaper of the town;

b. Posting the property for site-specific proposals;

c. Posting notice on a public notice bulletin board or in a public notice register in town hall;

d. Publishing notice in a newspaper of general circulation in the general area where the proposal is located;

e. Notifying public or private groups that have expressed interest in a certain proposal or in the type of proposal being considered;

f. Notifying the news media;

g. Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or

h. Publishing notice in agency newsletters and/or sending notice to agency mailing lists (either general lists or lists for specific proposals for subject areas).

3. 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 and in the public notice.

C. If a DNS is issued using the optional DNS process, the public notice requirements for the notice of application as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements.

D. Whenever the town issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:

1. Indicating the availability of the DEIS in any public notice required for a nonexempt action; and at least one of the following methods as determined by the responsible official:

a. Publication in the official legal newspaper of the town;

b. Posting the property, for site-specific proposals;

c. Publishing notice in a newspaper of general circulation in the general area where the proposal is located;

d. Notifying public or private groups that have expressed interest in a certain proposal or in the type of proposal being considered;

e. Notifying the news media;

f. Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or

g. Publishing notice in agency newsletters and/or sending notice to agency mailing lists (general lists or specific lists for proposals or subject areas).

E. The town may require an applicant to complete the public notice requirements for the applicant’s proposal at the applicant’s expense. Affidavit(s) of fulfilling public notice requirements shall be submitted to the responsible official by the applicant. (Ord. 604 § 1, 2001).

18.02.180 Responsibility for consulted agency duties.

A. The responsible official shall be responsible for preparation of written comments for the town and responds to consultation requests prior to a threshold determination, participation in scoping, and reviewing a DEIS.

B. The responsible official 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 the responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the town. (Ord. 604 § 1, 2001).

18.02.190 SEPA and agency decisions.

A. This section contains rules and policies for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This section also contains procedures for appealing SEPA determinations. The town adopts the following Washington Administrative Code sections by reference:

WAC

197-11-650 Purpose of this part.

197-11-655 Implementation.

197-11-660 Substantive authority and mitigation.

B. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the town.

C. The town may attach conditions to a permit or approval for a proposal so long as:

1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

2. Such conditions are in writing; and

3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4. The town has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions are based on one or more policies in subsection E of this section and cited in the notice of action, license or other decision document.

D. The town may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and

2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

3. The denial is based on one or more policies identified in subsection E of this section and identified in writing in the decision document.

E. The town designates and adopts by reference the following policies as the basis for the town’s exercise of authority pursuant to this section:

1. 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:

a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

b. Assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings;

c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

d. Preserve important historic, cultural and natural aspects of our national heritage;

e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

2. The town recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

3. The town adopts by reference the goals, policies and purposes in the following town documents, as they now exist or may be hereafter amended:

a. Waterville comprehensive plan;

b. Waterville comprehensive water system plan;

c. Waterville wastewater facilities plan;

d. WMC Title 5, Business Taxes, Licenses and Regulations;

e. WMC Title 6, Animals;

f. WMC Title 8, Health and Safety;

g. WMC Title 9, Public Peace, Morals and Welfare;

h. WMC Title 10, Vehicles and Traffic;

i. WMC Title 12, Streets, Sidewalks and Public Places;

j. WMC Title 13, Public Services;

k. WMC Title 14, Development Permit Procedures;

l. WMC Title 15, Buildings and Construction;

m. WMC Title 16, Subdivisions;

n. WMC Title 17, Zoning;

o. WMC Title 18, Environment;

p. WMC Title 19, Development Standards;

q. Douglas County wellhead protection plan;

r. Douglas County regional policy plan. (Ord. 604 § 1, 2001).

18.02.200 Appeals.

An appeal of environmental determinations made or lacking under SEPA or this chapter shall be filed pursuant to WMC 14.10.040. (Ord. 604 § 1, 2001).

18.02.210 Agency compliance.

A. This section contains the 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. The town adopts the following Washington Administrative Code sections by reference:

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 with 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 agencies for private projects requiring licenses from more than one state agency.

197-11-938 Lead agency 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.

B. The town shall require the following fees for its activities in accordance with the provisions of this chapter:

1. Threshold Determination. For every environmental checklist the town will review when it is lead agency, the town shall collect a fee from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee. When the threshold determination requires a public notice of a DNS or DS, an additional fee shall be collected from the proponent. For each additional public notice required under this chapter or under Chapter 197-11 WAC, the town shall collect an additional fee from the proponent. Fees shall be established by resolution of the town council.

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(s) to cover costs incurred by the town 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. Fees shall be established by resolution of the town council.

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 persons or entities other than the town. The consultant shall bill such costs and expenses directly to the applicant. The applicant shall post bond or otherwise ensure payment of such costs. Such consultants shall be approved by the responsible official and shall be selected by mutual agreement of the town and applicant after a call for proposals.

c. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsections A or B of this section which remain after incurred costs are paid.

3. Consulted Agency. The town shall not collect a fee for performing its duties as a consulted agency unless authorized in an agreement with the lead agency.

4. Copies. The town may charge any person or agency for copies of any documents prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. (Ord. 604 § 1, 2001).

18.02.220 Notice of actions – Statute of limitations.

A. The town, applicant for, or proponent of, an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

B. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published at the expense of the applicant by the responsible official, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 604 § 1, 2001).

18.02.230 Forms.

The town adopts the following forms and sections by reference:

WAC

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. 604 § 1, 2001).

18.02.240 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected. (Ord. 604 § 1, 2001).