Chapter 14.04


14.04.010    Authority.

14.04.020    Purpose of this chapter and adoption by reference.

14.04.030    Additional definitions.

14.04.040    Designation of responsible official.

14.04.050    Lead agency determination and responsibilities.

14.04.060    Transfer of lead agency status to a state agency.

14.04.070    Additional timing considerations.

14.04.010 Authority.

The city adopts this title under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11, as presently exists or as hereafter amended. (Ord. 98-567 § 1.1, 1998)

14.04.020 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 of the Washington Administrative Code, as presently exists or as hereafter amended, 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.

197-11-250    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. 98-567 § 1.2, 1998)

14.04.030 Additional definitions.

In addition to those definitions contained within WAC 197-11-040, 197-11-700 through 197-11-799 and WAC 197-11-220, and as adopted by reference in Chapter 14.08 of this title, when used in this title, the following terms shall have the following meanings, unless the context indicates otherwise:

A.    “Department” means any division, subdivision or organizational unit of the city established by ordinance, rule, or order.

B.    “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology, as presently exists or as hereafter amended.

C.    “Ordinance” means the ordinance, resolution, or other procedure used by the city to adopt regulatory requirements.

D.    “Early notice” means the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal.

(Ord. 98-567 § 1.3, 1998)

14.04.040 Designation of responsible official.

A.    For those proposals for which the city is the lead agency, the responsible official shall be the city clerk or his or her 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 environmental impact statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible official” by the SEPA rules.

C.    The city shall retain all documents required by the SEPA rules and make them available in accordance with RCW 42.17.

(Ord. 98-567 § 1.4, 1998)

14.04.050 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 or 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 preparation 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 required under 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 inconsistent with the criteria of WAC 197-11-253 or 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 resolved within fifteen (15) days of receipt of the determination, or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the fifteen (15) day time period. Any such petition on behalf of the city may be initiated by resolution of the city council.

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, provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.

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 is lead agency for a remedial action under the Model Toxics Control Act (MCTA) (RCW 70.105D), the Department of Ecology (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 Ecology who will receive the comment letters and how copies of’ the comment letters will be distributed to the other agency.

(Ord. 98-567 § 1.5, 1998)

14.04.060 Transfer of lead agency status to a state agency.

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 elect to transfer the lead agency duties to a 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. 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 of the city shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 98-567 § 1.6, 1998)

14.04.070 Additional timing considerations.

A.    For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the city’s staff recommendation to any appropriate advisory body, such as the planning commission.

B.    If the city’s only action on a proposal is a decision on a building permit or other permit that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications. Any such prior review shall only take place when, in the opinion of the responsible official, the city has sufficient information to make a determination.

(Ord. 98-567 § 1.6, 1998)