Chapter 6.05
SEPA POLICIES AND PROCEDURES
Sections:
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).
6.05.060 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.
6.05.110 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)].