(1) The first agency receiving an application for or initiating a nonexempt proposal shall determine the lead agency for that proposal, unless the lead agency has been previously determined, or the agency receiving the proposal is aware that another agency is determining the lead agency. The lead agency shall be determined by using the criteria in WAC 197-11-926
(2) If an agency determines that another agency is the lead agency, it shall mail to such lead agency a copy of the application it received, together with its determination of lead agency and an explanation. If the agency receiving this determination agrees that it is the lead agency, it shall notify the other agencies with jurisdiction. If it does not agree, and the dispute cannot be resolved by agreement, the agencies shall immediately petition the department of ecology for a lead agency determination under WAC 197-11-946
(3) Any agency receiving a lead agency determination to which it objects shall either resolve the dispute, withdraw its objection, or petition the department for a lead agency determination within fifteen days of receiving the determination.
(4) An applicant may also petition the department to resolve the lead agency dispute under WAC 197-11-946
(5) To make the lead agency determination, an agency must determine to the best of its ability the range of proposed actions for the proposal (WAC 197-11-060
) and the other agencies with jurisdiction over some or all of the proposal. This can be done by:
(a) Describing or requiring an applicant to describe the main features of the proposal;
(b) Reviewing the list of agencies with expertise;
(c) Contacting potential agencies with jurisdiction either orally or in writing.
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-924, filed 2/10/84, effective 4/4/84.]