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A. Purpose and Adoption by Reference. This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The City adopts the following Washington Administrative Code sections by reference, as supplemented by this part:

197-11-900 Purpose of This Part

197-11-902 Agency SEPA Policies

197-11-916 Application to Ongoing Actions

197-11-920 Agencies with Environmental Expertise

197-11-922 Lead Agency Rules

197-11-924 Determining the Lead Agency

197-11-926 Lead Agency for Governmental Proposals

197-11-928 Lead Agency for Public and Private Proposals

197-11-930 Lead Agency for Private Projects With One Agency With Jurisdiction

197-11-932 Lead Agency for Private Projects Requiring Licenses From More Than One Agency, When One Of the Agencies is a County/City

197-11-934 Lead Agency for Private Projects Requiring Licenses From a Local Agency, not a County/City, and One or More State Agencies

197-11-936 Lead Agency for Private Projects Requiring Licenses From More Than One State Agency

197-11-938 Lead Agencies for Specific Proposals

197-11-942 Agreements on Lead Agency Status

197-11-944 Agreements on Division of Lead Agency Duties

197-11-946 DOE Resolution of Lead Agency Disputes

197-11-948 Assumption of Lead Agency Status

B. Fees. The City shall require the following fees for its activities in accordance with the provisions of this ordinance:

1. Threshold determination. For every Environmental Checklist the City will review when it is lead agency, the City shall collect a fee as set forth in Moses Lake Municipal Code 3.54.010 from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this ordinance for making a threshold determination shall not begin to run until payment of the fee.

2. Environmental Impact Statement.

a. When the City is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the City, the City shall charge and collect a reasonable fee from any applicant to cover costs incurred by the City in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

b. The responsible official may determine that the City will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the City and may bill such costs and expenses directly to the applicant. The City may require the applicant to ensure payment of such costs in any reasonable manner. Such consultants shall be selected by mutual agreement of the City and applicant after a call for proposals.

c. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under a or b of this subsection which remain after incurred costs are paid.

3. The City may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this ordinance relating to the applicant’s proposal. This fee is in addition to those specified in MLMC 3.54. This fee may be required to be paid at the time a proposal is submitted or at any time thereafter.

4. The City shall not collect a fee for performing its duties as a consulted agency.

5. The City may charge any person for copies of any document prepared under this ordinance, and for mailing the document, in a manner provided by Chapter 42.17 RCW.

C. Critical Areas.

1. The City shall treat proposals located wholly or partially within a critical area or its buffer no differently from other proposals under this chapter, making a threshold determination for all such proposals. The City shall not automatically require an EIS for a proposal merely because it is proposed for location in a critical area or its buffer.

2. Critical Areas Exemptions. the categorical exemptions listed under WAC 197-11-800 do not exempt projects from review under Title 19 pertaining to critical areas and wetlands.

D. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance, or the application of the provision to other persons or circumstances, shall not be affected. (Ord. 2133, 11/11/03; Ord. 1571, 1993; Ord. 1149, 1984)