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A. Purpose: This part 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 by reference:

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

197-11-158 GMA Project Review–Reliance on Existing Plans, Laws, and Regulations

197-11-238 Monitoring

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

B. Additional Definitions. In addition to those definitions contained within WAC 197-11-700 through 197-11-799 when used in this ordinance, the following terms shall have the following meanings, unless the context indicates otherwise:

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

2. “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

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

4. “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 [mitigated determination of non-significance (DNS) procedures].

C. Designation of Responsible Official.

1. For those proposals for which the City is the lead agency, the responsible official shall be the Community Development Director or designee.

2. For all proposals for which the City is the lead agency, the responsible official shall make the threshold determination, supervise scoping, supervise the preparation of any required Environmental Impact Statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible official” by these sections of the SEPA rules that were adopted by reference in WAC 173-806-020.

3. For those proposals requiring specialized expertise, the Responsible Official may request information necessary to discharge the responsibilities under this section from, but not limited to, other Departments, other agencies with jurisdiction, and/or a technical advisory committee designated by the Council. Such information as can be reasonably supplied by those Departments, other agencies, and the technical advisory committee, shall be transmitted to the Responsible Official in a timely manner.

4. The City shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW.

D. Lead Agency Determination and Responsibilities.

1. 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, 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.

2. When the City is the lead agency for a proposal, the department receiving the application shall notify the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.

3. 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.

4. 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 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 the Responsible Official.

5. The Responsible Official of the City is 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.

6. The Responsible Official 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.

7. When the City is lead agency for a 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), the City 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 Applicable to the Threshold Determination. The following time limits (expressed in calendar days) shall apply when the City processes permits and licenses for all private projects and those governmental proposals submitted to the City by other agencies.

1. Categorical Exemptions. The City shall identify whether an action is categorically exempt within seven (7) days of receiving a completed application.

2. Threshold Determinations. The City shall complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within fifteen (15) days of the date that a complete application and completed environmental checklist are submitted.

3. Threshold Determinations that require further studies, field investigations, or further information from the applicant shall be completed within the following time frame:

a. The City should request such further information within fifteen (15) days of receiving a complete application and completed environmental checklist;

b. The City shall wait no longer than thirty (30) days for a consulted agency to respond;

c. The Responsible Official should complete the threshold determination within fifteen (15) days of receiving the requested information from the applicant or the consulted agency.

4. If the City must initiate further studies, including field investigations, to obtain the information to make a threshold determination, the City should complete the studies within thirty (30) days of receiving a complete application and completed environmental checklist.

5. The City shall complete threshold determinations on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impact(s) described in the application, within fifteen (15) days of receiving a complete application and completed environmental checklist.

6. The time limits set forth in this subsection shall not apply to withdrawals of affirmative and negative threshold determinations where such withdrawals are made in accordance with WAC 197-11-340 or WAC 197-11-360.

7. When a threshold determination is expected to require more than fifteen (15) days to complete and a private applicant requests notification of the date when a threshold determination will be made, the lead agency shall transmit to the private applicant a written statement as to the expected date of decision.

F. Additional Timing Considerations.

1. For nonexempt proposals, the DNS or Final EIS for the proposal shall accompany the City’s staff recommendation to any appropriate advisory body.

2. If the City’s only action on a proposal is a decision on a building permit or other license 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. The City may conduct environmental review prior to submission of the detailed plans and specifications provided that adequate information is furnished to allow the Responsible Official to make a threshold determination. (Ord. 2133, 11/11/03; Ord. 2028, 8/28/01; Ord. 1928, 4/11/00; Ord. 1571, 1993; Ord. 1149, 1984)