Chapter 6.05
SEPA POLICIES AND PROCEDURES

Sections:

6.05.010    Authority.

6.05.020    General requirements.

6.05.030    Categorical exemptions and threshold determinations – Purpose and adoption by reference.

6.05.040    Environmental impact statement (EIS).

6.05.050    Commenting.

6.05.060    Using environmental documents – Purpose and adoption by reference.

6.05.070    Administrative appeals of SEPA determinations.

6.05.080    Definitions – Purpose and adoption by reference.

6.05.090    Categorical exemptions – Adoption by reference.

6.05.100    Agency compliance.

6.05.110    Forms – Adoption by reference.

6.05.010 Authority.

A. Cascade Water Alliance (“Cascade”) adopts these policies and procedures under State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, Washington Administrative Code (WAC) 197-11-904, with respect to its performance of or participation in environmental review.

B. The SEPA rules set forth in Chapter 197-11 WAC must be used in conjunction with these policies and procedures. These policies and procedures are intended to be and shall be construed in a manner that is consistent with the SEPA rules set forth in Chapter 197-11 WAC. Any inconsistencies will be resolved in favor of the applicable SEPA rules. [Res. 2009-06 § 2 (1)].

6.05.020 General requirements.

A. Purpose and Adoption by Reference. This section contains the basic requirements that apply to the SEPA process. Cascade 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

197-11-220    SEPA/GMA definitions

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

197-11-250    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 action

197-11-262    Determination of significance for MTCA remedial action

197-11-265    Early scoping for MTCA remedial actions

197-11-268    MTCA interim actions

B. Additional Definitions. In addition to the definitions contained in WAC 197-11-700 through 197-11-799, when used in these policies and procedures the following terms shall have the following meanings, unless the context indicates otherwise:

“Cascade” means the Cascade Water Alliance, a public nonprofit corporation organized under the laws of the state of Washington.

“SEPA rules” means Chapter 197-11 WAC.

C. Responsible Official Designation and Responsibilities.

1. For all proposals for which Cascade is the lead agency, the responsible official shall be the chief executive officer of Cascade or the chief executive officer’s designee. When a designee is utilized, Cascade shall make the specific designation with speed and certainty at the earliest possible point in the planning and decision-making process.

2. For all proposals for which Cascade 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 Cascade, the lead agency, or responsible official by these policies and procedures.

3. Cascade shall retain all documents required by these policies and procedures and make them available in accordance with applicable law.

D. Lead Agency Determination and Responsibilities.

1. When Cascade receives an application for or initiates a proposal that involves a nonexempt action, it shall determine the lead agency for that proposal under applicable law, unless the lead agency has been previously determined or the responsible official is aware that another agency is in the process of determining the lead agency.

2. When Cascade is not the lead agency for a proposal, it shall use and consider, as appropriate, the environmental documents of the lead agency in making decisions on the proposal. Cascade shall not prepare or require preparation of environmental documents in addition to those prepared by the lead agency, unless Cascade is otherwise authorized or required to do so under applicable law.

3. If Cascade receives a lead agency determination made by another agency that appears inconsistent with the criteria established by applicable law for making such determinations, Cascade may, if it otherwise has jurisdiction over the proposal, take such action as authorized by the SEPA rules.

4. Cascade is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal as authorized by applicable law.

5. When making a lead agency determination for a private project, Cascade shall require sufficient information from the applicant to identify which other agencies (if any) have jurisdiction over the proposal.

6. When Cascade is not the lead agency but is an agency with jurisdiction or expertise and is requested by the lead agency to provide information during the SEPA process, Cascade shall respond to and cooperate with the lead agency so that the lead agency may fulfill its responsibilities under SEPA, as further provided in CWAC 6.05.050(C).

7. When Cascade 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), Cascade shall decide jointly with Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency.

E. Time Limits and Other Considerations Applicable to SEPA Rules.

1. Except as may otherwise be required by applicable law, the time frame within which Cascade shall conduct environmental review shall be determined on a case-by-case basis, consistent with these policies and procedures and the best interests of Cascade, in a manner that is consistent with WAC 197-11-055. For Cascade’s own proposals, any applicable time limits prescribed by the SEPA rules may be extended.

2. For nonexempt proposals, the DNS, FEIS, and/or such other environmental documentation as the responsible official deems appropriate shall accompany Cascade’s staff recommendation to any appropriate advisory body.

3. If Cascade’s only action on a proposal is a decision on a license that requires detailed project plans and specifications, upon written request by the applicant, Cascade shall conduct environmental review prior to the applicant’s submission of such detailed plans and specifications. This section does not preclude Cascade and the applicant from preliminary discussions or exploration of ideas and options prior to commencing formal environmental review. [Res. 2009-06 § 2 (2)].

6.05.030 Categorical exemptions and threshold determinations – Purpose and adoption by reference.

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. Cascade adopts the following sections by reference:

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 non-significance (DNS)

197-11-350    Mitigated DNS

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

197-11-390    Effect of threshold determination

[Res. 2009-06 § 2 (3)].

6.05.040 Environmental impact statement (EIS).

A. Purpose and Adoption by Reference. This section contains the rules for preparing environmental impact statements. Cascade adopts the following sections by reference:

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

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 non-project 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 DEIS

197-11-460    Issuance of FMS

B. Preparation of EIS – Additional Considerations.

1. Preparation of environmental documents is the responsibility of the responsible official. Before Cascade issues an EIS, the responsible official shall be satisfied that it complies with these policies and procedures and Chapter 197-11 WAC.

2. Environmental documents may be prepared by Cascade, by outside consultants selected by Cascade, or by such other person as Cascade may so direct consistent with the SEPA rules. If Cascade shall direct a person to prepare any one or more environmental documents, Cascade shall notify such person in writing and shall provide such person with a copy of these policies and procedures.

3. Cascade may require an applicant to provide information Cascade does not possess, including specific investigations or research. However, the applicant may not be required to supply information that is not required under these policies and procedures or that is being requested from another agency. (This does not apply to information Cascade may request under other authority.) Additional information may be required as set forth in WAC 197-11-100. [Res. 2009-06 § 2 (4)].

6.05.050 Commenting.

A. Purpose and Adoption by Reference. This section contains rules for consulting, commenting and responding on all environmental documents under SEPA, including rules for public notice and hearings. Cascade adopts the following sections by reference:

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

197-11-535    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

B. Public Notice.

1. Except as may otherwise be provided by these policies and procedures, whenever Cascade issues a DNS pursuant to WAC 197-11-340(2), a DS pursuant to WAC 197-11-360(3), a DEIS pursuant to WAC 197-11-455(5), a SEIS pursuant to WAC 197-11-620, or must otherwise provide notice in accordance with WAC 197-11-510, Cascade shall give public notice as follows:

a. Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located; or

b. Mailing or e-mailing notice to any person, group or agency who has requested notice and posting of such notice on the Cascade website.

2. In addition to the methods for giving public notice identified in subsection (B)(1) of this section, whenever notice is required to be given by these policies and procedures, Cascade may designate any one or more of the following methods of providing such notice if Cascade determines that such methods are otherwise appropriate in a particular case:

a. Posting the property for site specific proposals;

b. Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;

c. Notifying the news media;

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

e. Publishing notice in agency newsletters and/or sending letters to agency mailing lists.

3. Whenever possible, Cascade shall integrate the notice procedures required by these policies and procedures with existing notice procedures otherwise required by applicable law.

C. Designation of Official to Perform Consulted Agency Responsibilities for Cascade.

1. The responsible official shall be responsible for the timely preparation of written comments for Cascade in response to a consultation request.

2. The responsible official shall respond to an initial request for consultation in a timely manner after receiving such a request from the lead agency, either providing information responsive to the request or indicating the length of time required by Cascade in order to respond to the request. If the nature of the proposal is such that it involves significant impacts on Cascade’s facilities or property, or will require a significant amount of time to provide the information requested to the lead agency, Cascade may request that the lead agency impose fees upon the applicant to cover the costs of Cascade’s SEPA compliance. [Res. 2014-05 § 1; Res. 2009-06 § 2 (5)].

6.05.060 Using environmental documents – Purpose and adoption by reference.

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

WAC

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

[Res. 2009-06 § 2 (6)].

6.05.070 Administrative appeals of SEPA determinations.

A. Purpose. This section contains the 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 administrative determinations. Cascade adopts the following sections by reference:

WAC

197-11-650    Purpose of this part

197-11-655    Implementation

197-11-660    Substantive authority and mitigation

197-11-680    Appeals

B. Substantive Authority.

1. The policies and goals set forth in this chapter are supplementary to those in Cascade’s existing authorities.

2. Cascade 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. Cascade 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 (B)(4) of this section and cited in the license or other decision document.

3. Cascade 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 FEIS or final SEIS 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 (B)(4) of this section and identified in writing in the decision document.

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

a. Cascade 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. Cascade 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.

C. No Administrative Appeals.

1. Cascade hereby eliminates, pursuant to WAC 197-11-680(2), appeals to its legislative body of determinations relating to SEPA; and

2. Cascade hereby elects, pursuant to WAC 197-11-680(3), not to provide for administrative appeals of determinations relating to SEPA.

D. Notice of Action. Cascade may publish notice of action taken by Cascade pursuant to these policies and procedures and pursuant to RCW 43.21C.080. The form of any such notice shall be substantially in the form provided by the SEPA rules. [Res. 2009-06 § 2 (7)].

6.05.080 Definitions – Purpose and adoption by reference.

This section contains uniform usage and definitions of terms under SEPA. Cascade adopts the following sections by reference:

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

197-11-721    Closed record appeal

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

197-11-775    Open record hearing

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

[Res. 2009-06 § 2 (8)].

6.05.090 Categorical exemptions – Adoption by reference.

A. Purpose and Adoption by Reference. This section contains the rules for the application of exemptions. Cascade adopts the following sections by reference:

WAC

197-11-800    Categorical exemptions

197-11-880    Emergencies

197-11-890    Petitioning DOE to change exemptions

B. Application of Exemption Thresholds under WAC 197-11-800(c)(1). Cascade may apply any exemption threshold raised by a city, town or county to Cascade’s actions within such city, town or county. [Res. 2014-05 § 2; Res. 2009-19 § 8; Res. 2009-06 § 2 (9)].

6.05.100 Agency compliance.

A. Purpose and Adoption by Reference. This section contains rules for agency compliance with SEPA. Cascade adopts the following sections by reference:

WAC

197-11-900    Purpose of this part

197-11-902    Agency SEPA policies

197-11-904    Agency SEPA procedures

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 city/county, and one or more than one state agency

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

B. Severability. If any provision of these policies and procedures or their application to any person or circumstance is held invalid, the remainder of these policies and procedures, or the application of such invalid provision to other persons or circumstances, shall not be affected. [Res. 2009-06 § 2 (10)].

6.05.110 Forms – Adoption by reference.

Cascade 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

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

[Res. 2009-06 § 2 (11)].