Chapter 18.88
CATEGORICAL EXEMPTIONS

Sections:

18.88.010    Adoption by reference.

18.88.010 Adoption by reference.

The city adopts by reference the following rules for categorical exemptions, as supplemented in this title, including Sections 18.64.020 (flexible thresholds) and 18.64.030 (Use of exemptions):

A.    WAC 197-11-800, Categorical exemptions (listed in Sections 18.64.020 and 18.64.030).

B.    WAC 197-11-880, Emergencies. Actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter, to avoid an imminent threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation, shall be exempt. Agencies may specify these emergency actions in their procedures.

C.    WAC 197-11-890, Petitioning DOE to change exemptions.

1.    Except for the preceding section, agencies may create additional exemptions in their procedures only after receiving approval from the Department of Ecology under this section.

2.    An agency may petition the department to adopt additional exemptions or to delete existing exemptions by amending these rules. The petition shall be made under RCW 34.05.330. The petition shall state the language of the requested amendment, the petitioning agency’s views on the environmental impacts of the activities covered by the proposed amendment, and the approximate number of actions of this type which have come before the petitioning agency over a particular period of time. The department shall consider and decide upon a petition within sixty (60) days of receipt. If the determination is favorable, the department shall begin rule-making under Chapter 34.05 RCW. Any resulting amendments will apply either generally or to specified classes of agencies. Affected agencies shall amend their procedures accordingly.

3.    An agency may also petition the department for an immediate ruling upon any request to add, delete, or change an exemption. If such a petition is granted, the department will notify the petitioning agency, which may immediately include the change approved by the department in its own procedures. The department may thereafter begin rule-making proceedings to amend these rules. Until these rules are amended, any change granted under this subsection shall apply only to the petitioning agency or agencies.

4.    The department will provide public notice of any proposed amendments to these rules in the manner required by the Administrative Procedure Act, Chapter 34.05 RCW. A copy of all approvals by the department under the preceding subsection shall be given to any person requesting the department for advance notice of rule-making. (Ord. 548 § 2 (Exh. D) (part), 2007)