Chapter 400-04 WAC

Last Update: 5/20/10

PUGET SOUND PARTNERSHIP—STATE ENVIRONMENTAL POLICY ACT PROCEDURES

WAC Sections

400-04-010Authority.
400-04-020Adoption by reference.
400-04-040Additional definitions.
400-04-504Availability of environmental documents.
400-04-510Public notice.
400-04-680Appeals.
400-04-902Partnership SEPA policies.
400-04-910Designation of responsible official.
400-04-995Severability.


400-04-010
Authority.

The Puget Sound partnership adopts these procedures under the State Environmental Policy Act (SEPA), RCW 43.21C.120 and the SEPA rules, WAC 197-11-904.
[Statutory Authority: Chapter 90.71 RCW. WSR 10-12-009, § 400-04-010, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW 43.21C.120. WSR 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-010, filed 2/3/86.]



400-04-020
Adoption by reference.

The partnership hereby adopts by reference the following sections of the 1984 SEPA rules, chapter 197-11 of the Washington Administrative Code.
part one - purpose/authority
Policy.
part two - general requirements
Definitions.
Lead agency.
Timing of the SEPA process.
Content of environmental review.
Limitations on actions during SEPA process.
Incomplete or unavailable information.
Supporting documents.
Information required of applicants.
part three - categorical exemptions and threshold determination
Purpose of this part.
Categorical exemptions.
Threshold determination required.
Environmental checklist.
Threshold determination process.
Additional information.
Determination of nonsignificance (DNS).
Mitigated DNS.
Determination of significance (DS)/initiation of scoping.
Effect of threshold determination.
part four - environmental impact statement (eis)
Purpose of EIS.
General requirements.
EIS types.
EIS timing.
Scoping.
Expanded scoping. (Optional)
EIS preparation.
Style and size.
Format.
Cover letter or memo.
EIS contents.
Contents of EIS on nonproject proposals.
EIS contents when prior nonproject EIS.
Elements of the environment.
Relationship of EIS to other considerations.
Cost-benefit analysis.
Issuance of DEIS.
Issuance of FEIS.
part five - commenting
Purpose of this part.
Inviting comment.
Availability and cost of environmental documents.
SEPA register.
Public hearings and meetings.
Effect of no comment.
Specificity of comments.
FEIS response to comments.
Consulted agency costs to assist lead agency.
part six - using existing environmental documents
When to use existing environmental documents.
Use of NEPA documents.
Supplemental environmental impact statement—Procedures.
Addenda—Procedures.
Adoption—Procedures.
Incorporation by reference—Procedures.
Combining documents.
part seven - sepa and agency decisions
Purpose of this part.
Implementation.
Substantive authority and mitigation.
part eight - definitions
Definitions.
Act.
Action.
Addendum.
Adoption.
Affected tribe.
Affecting.
Agency.
Applicant.
Built environment.
Categorical exemption.
Consolidated appeal.
Consulted agency.
Cost-benefit analysis.
County/city.
Decisionmaker.
Department.
Determination of nonsignificance (DNS).
Determination of significance (DS).
EIS.
Environment.
Environmental checklist.
Environmental document.
Environmental review.
Environmentally sensitive area.
Expanded scoping.
Impacts.
Incorporation by reference.
Lands covered by water.
Lead agency.
License.
Local agency.
Major action.
Mitigated DNS.
Mitigation.
Natural environment.
NEPA.
Nonproject.
Phased review.
Preparation.
Private project.
Probable.
Proposal.
Reasonable alternative.
Responsible official.
SEPA.
Scope.
Scoping.
Significant.
State agency.
Threshold determination.
Underlying governmental action.
part nine - categorical exemptions
Categorical exemptions.
Emergencies.
Petitioning DOE to change exemptions.
part ten - agency compliance
Purpose of this part.
Procedures on consulted agencies.
SEPA fees and costs.
Application to ongoing actions.
Lack of agency procedures.
Agencies with environmental expertise.
Lead agency rules.
Determining the lead agency.
Lead agency for governmental proposals.
Lead agency for public and private proposals.
Lead agency for private projects with one agency with jurisdiction.
Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.
Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.
Lead agency for private projects requiring licenses from more than one state agency.
Lead agencies for specific proposals.
Transfer of lead agency status to a state agency.
Agreements on lead agency status.
Agreements on division of lead agency duties.
DOE resolution of lead agency disputes.
Assumption of lead agency status.
part eleven - forms
Environmental checklist.
Adoption notice.
Determination of nonsignificance (DNS).
Determination of significance and scoping notice (DS).
Notice of assumption of lead agency status.
Notice of action.
[Statutory Authority: Chapter 90.71 RCW. WSR 10-12-009, § 400-04-020, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW 43.21C.120. WSR 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-020, filed 2/3/86.]



400-04-040
Additional definitions.

"Director" means the executive director of the partnership as established in RCW 90.71.240.
"Ecosystem coordination board" or "ECB" means the representative group that advises and assists the leadership council as established in RCW 90.71.250.
"Leadership council" means the seven-member group appointed by the governor as established in RCW 90.71.220.
"Partnership" means the agency of the Puget Sound partnership consisting of the seven-member leadership council, an executive director, an ecosystem coordination board, and a Puget Sound science panel and/or agency staff.
"Science panel" means the group that advises and assists the leadership council as established in RCW 90.71.270.
[Statutory Authority: Chapter 90.71 RCW. WSR 10-12-009, § 400-04-040, filed 5/20/10, effective 6/20/10. Statutory Authority: Chapter 90.70 RCW and RCW 43.21C.120. WSR 90-17-063, § 400-04-040, filed 8/15/90, effective 9/15/90. Statutory Authority: RCW 43.21C.120. WSR 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-040, filed 2/3/86.]



400-04-504
Availability of environmental documents.

There shall be established at the offices of the partnership a file containing all official partnership SEPA documents. Agencies and the public shall have access to this file.
[Statutory Authority: Chapter 90.71 RCW. WSR 10-12-009, § 400-04-504, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW 43.21C.120. WSR 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-504, filed 2/3/86.]



400-04-510
Public notice.

When these rules require notice to be given under this section, the partnership shall inform the public and other agencies that an environmental document is being prepared or is available, and public hearing(s), if any, will be held by the following notice procedures:
(1) Publish notice in at least one newspaper of general circulation in each county, city, or general area in which the proposal is located or which the proposal affects;
(2) Notifying the news media via news releases, public service announcements and personal contact; and
(3) Sending notice to the official partnership mailing list. The official partnership list shall be kept on file and be available for inspection by the public. Individual members of the partnership's advisory bodies shall receive notice.
(4) Any other of the notice procedures listed in WAC 197-11-510, as appropriate.
[Statutory Authority: Chapter 90.71 RCW. WSR 10-12-009, § 400-04-510, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW 43.21C.120. WSR 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-510, filed 2/3/86.]



400-04-680
Appeals.

There shall be no administrative appeals of partnership SEPA determinations. Any person may informally request, either orally or in writing, the responsible official to reconsider a determination. The official shall reconsider the determination and provide a response, but as this is not a formal appeal as described by RCW 43.21C.075 and WAC 197-11-680, the official is not required to make a record or furnish reasons for the decision. Any informal request to reconsider a partnership SEPA determination shall be made within thirty days of the determination.
[Statutory Authority: Chapter 90.71 RCW. WSR 10-12-009, § 400-04-680, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW 43.21C.120. WSR 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-680, filed 2/3/86.]



400-04-902
Partnership SEPA policies.

The partnership adopts by reference the state environmental policy as set forth in SEPA, RCW 43.21C.020. To carry out this policy, the partnership will use all practicable means consistent with other essential considerations of state policy to improve and coordinate plans, functions, and resources, and to mitigate adverse impacts resulting from proposals to the end that the state and its citizens may:
(1) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(2) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
(3) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable or unintended consequences;
(4) Preserve important historic, cultural, and natural aspects of our national heritage;
(5) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
(6) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities;
(7) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
[Statutory Authority: Chapter 90.71 RCW. WSR 10-12-009, § 400-04-902, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW 43.21C.120. WSR 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-902, filed 2/3/86.]



400-04-910
Designation of responsible official.

The partnership's director, or the director's designee, shall serve as the responsible official.
[Statutory Authority: Chapter 90.71 RCW. WSR 10-12-009, § 400-04-910, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW 43.21C.120. WSR 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-910, filed 2/3/86.]



400-04-995
Severability.

If any provisions of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other person or circumstances, shall not be affected.
[Statutory Authority: RCW 43.21C.120. WSR 86-04-054 (Order 86-01, Resolution No. 4), § 400-04-995, filed 2/3/86.]