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title_12:12.04_state_environmental_policy_act_implementation [2011/09/06 23:31] – created dustintitle_12:12.04_state_environmental_policy_act_implementation [2015/06/22 22:10] (current) – Add links to Res. dustin
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   *D. The water supply contract between the city of Blaine and the district;   *D. The water supply contract between the city of Blaine and the district;
   *E. Wastewater discharge permits from the state of Washington.   *E. Wastewater discharge permits from the state of Washington.
-(Res. 410 §1, 1984)+(Res. {{:410.pdf|410}} §1, 1984)
  
 ==== 12.04.020 Administrative provisions adopted by reference. ==== ==== 12.04.020 Administrative provisions adopted by reference. ====
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     *12. WAC 197-11-955.     *12. WAC 197-11-955.
   *B. A summary of each section is provided in Attachment A to the resolution codified in this chapter, which by this reference is incorporated in this chapter.   *B. A summary of each section is provided in Attachment A to the resolution codified in this chapter, which by this reference is incorporated in this chapter.
-(Res. 410 §2, 1984)+(Res. {{:410.pdf|410}} §2, 1984)
  
 ==== 12.04.030 SEPA Rules defined. ==== ==== 12.04.030 SEPA Rules defined. ====
  
 In addition to the definitions in WAC Chapter 197-11 adopted by reference by this chapter, the following term shall have the following meaning, unless the context of the Rules indicates otherwise: "SEPA Rules" means the SEPA Rules adopted as WAC 197-11, as modified by this chapter. In addition to the definitions in WAC Chapter 197-11 adopted by reference by this chapter, the following term shall have the following meaning, unless the context of the Rules indicates otherwise: "SEPA Rules" means the SEPA Rules adopted as WAC 197-11, as modified by this chapter.
-(Res. 410 §3, 1984)+(Res. {{:410.pdf|410}} §3, 1984)
  
 ==== 12.04.040 Responsible official. ==== ==== 12.04.040 Responsible official. ====
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   *B. The responsible official shall carry out the district's duties, functions and procedural responsibilities as lead agency under the SEPA Rules.   *B. The responsible official shall carry out the district's duties, functions and procedural responsibilities as lead agency under the SEPA Rules.
   *C. All decisions of the responsible official and the district relating to interpretation and application of the SEPA Rules shall be accorded substantial deference.   *C. All decisions of the responsible official and the district relating to interpretation and application of the SEPA Rules shall be accorded substantial deference.
-(Res. 410 §4, 1984)+(Res. {{:410.pdf|410}} §4, 1984)
  
 ==== 12.04.050 Timing. ==== ==== 12.04.050 Timing. ====
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   *D. Any environmental review may be organized in phases as specified in WAC 197-11-060(5).   *D. Any environmental review may be organized in phases as specified in WAC 197-11-060(5).
   *E. In all cases not otherwise covered above, the timing of the district's environmental review for proposals shall be as specified on an individual, case-by-case basis by the responsible official consistent with these SEPA Rules.   *E. In all cases not otherwise covered above, the timing of the district's environmental review for proposals shall be as specified on an individual, case-by-case basis by the responsible official consistent with these SEPA Rules.
-(Res. 410 §5, 1984)+(Res. {{:410.pdf|410}} §5, 1984)
  
 ==== 12.04.055 Threshold determination--Time limits. ==== ==== 12.04.055 Threshold determination--Time limits. ====
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   *D. When additional information is requested, a certificate of completeness or a request for further information will be forwarded to the applicant within ten days of submittal of the additional information.   *D. When additional information is requested, a certificate of completeness or a request for further information will be forwarded to the applicant within ten days of submittal of the additional information.
   *E. A final determination shall be made within ninety days from the receipt of the applicant's response for additional information, unless the applicant requests an additional thirty days for the district to evaluate mitigation measures proposed by the applicant. The district shall grant such extension, if requested.   *E. A final determination shall be made within ninety days from the receipt of the applicant's response for additional information, unless the applicant requests an additional thirty days for the district to evaluate mitigation measures proposed by the applicant. The district shall grant such extension, if requested.
-(Ord. 509 §1, 1992)+(Res. {{:509.pdf|509}} §1, 1992)
  
 ==== 12.04.060 Emergency actions. ==== ==== 12.04.060 Emergency actions. ====
  
 Any action which in the opinion of the responsible official must be undertaken immediately, or within a time too short to allow full compliance with the provisions of these SEPA Rules, to avoid an imminent threat to public health or safety, to prevent an imminent danger to property (public or private), or to prevent an imminent threat of serious environmental degradation, shall be exempt from the procedural requirements of SEPA and these SEPA Rules. Any action which in the opinion of the responsible official must be undertaken immediately, or within a time too short to allow full compliance with the provisions of these SEPA Rules, to avoid an imminent threat to public health or safety, to prevent an imminent danger to property (public or private), or to prevent an imminent threat of serious environmental degradation, shall be exempt from the procedural requirements of SEPA and these SEPA Rules.
-(Res. 410 §6, 1984)+(Res. {{:410.pdf|410}} §6, 1984)
  
 ==== 12.04.070 Categorical exemptions. ==== ==== 12.04.070 Categorical exemptions. ====
  
 No presumption of impact significance shall be accorded any proposal due to it or any part of it not being categorically exempt or due to the property where the proposal is to be implemented being located within a designated environmentally sensitive area. No presumption of impact significance shall be accorded any proposal due to it or any part of it not being categorically exempt or due to the property where the proposal is to be implemented being located within a designated environmentally sensitive area.
-(Res. 410 §7, 1984)+(Res. {{:410.pdf|410}} §7, 1984)
  
 ==== 12.04.080 Environmental impact statements. ==== ==== 12.04.080 Environmental impact statements. ====
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   *A. The EIS shall be prepared under the direction of the responsible official and in conformance with these SEPA Rules; and   *A. The EIS shall be prepared under the direction of the responsible official and in conformance with these SEPA Rules; and
   *B. The applicant is not required to provide more information than allowed by these SEPA Rules; provided, that the responsible official may authorize a lesser degree of participation by the applicant than allowed by these SEPA Rules.   *B. The applicant is not required to provide more information than allowed by these SEPA Rules; provided, that the responsible official may authorize a lesser degree of participation by the applicant than allowed by these SEPA Rules.
-(Res. 410 §8, 1984)+(Res. {{:410.pdf|410}} §8, 1984)
  
 ==== 12.04.090 Appeals. ==== ==== 12.04.090 Appeals. ====
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   *F. The procedural determinations made by the responsible official shall be entitled to substantial weight in any appeal.   *F. The procedural determinations made by the responsible official shall be entitled to substantial weight in any appeal.
   *G. No person having a right to judicial appeal shall pursue judicial review without having first used this administrative appeal process prior to seeking judicial review, unless expressly provided otherwise by state statute.   *G. No person having a right to judicial appeal shall pursue judicial review without having first used this administrative appeal process prior to seeking judicial review, unless expressly provided otherwise by state statute.
-(Res. 410 § 9, 1984)+(Res. {{:410.pdf|410}} § 9, 1984)
  
 ==== 12.04.100 Public notice. ==== ==== 12.04.100 Public notice. ====
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   *C. The responsible official may use the form of "notice of action" provisions of RCW 43.21C.080 for public or official notices required by these SEPA Rules.   *C. The responsible official may use the form of "notice of action" provisions of RCW 43.21C.080 for public or official notices required by these SEPA Rules.
   *D. The district may require an applicant to complete any required public notice requirements for the applicant's proposal at the applicant's expense.   *D. The district may require an applicant to complete any required public notice requirements for the applicant's proposal at the applicant's expense.
-(Res. 410 § 10, 1984)+(Res. {{:410.pdf|410}} § 10, 1984)
  
 ==== 12.04.110 Fees. ==== ==== 12.04.110 Fees. ====
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   *1. The amount of the fee shall be based upon the actual total costs for services and materials plus reimbursement for out-of pocket expenses (including but not limited to consultant reports) borne by the district in complying with these SEPA Rules. It shall not include costs for obtaining information from consulted agencies or efforts related to pre-draft consultation.   *1. The amount of the fee shall be based upon the actual total costs for services and materials plus reimbursement for out-of pocket expenses (including but not limited to consultant reports) borne by the district in complying with these SEPA Rules. It shall not include costs for obtaining information from consulted agencies or efforts related to pre-draft consultation.
   *2. The applicant shall make an initial deposit as set forth in Chapter [[title_13:13.01_fee_schedule|13.01]] of this code to the district or post bond in an amount equal to the total projected costs as estimated by the responsible official, whichever is greater.   *2. The applicant shall make an initial deposit as set forth in Chapter [[title_13:13.01_fee_schedule|13.01]] of this code to the district or post bond in an amount equal to the total projected costs as estimated by the responsible official, whichever is greater.
-(Res. 410 § 11, 1984) +(Res. {{:410.pdf|410}} § 11, 1984) 
-(Res. No. 683, § 1(V), 6-11-2009)+(Res. {{:683.pdf|683}}, § 1(V), 6-11-2009)
  
 ==== 12.04.120 Supplementary procedures. ==== ==== 12.04.120 Supplementary procedures. ====
  
 The responsible official is authorized to develop and promulgate such procedures as he/she deems appropriate for implementing these SEPA Rules. The responsible official shall provide for responses on behalf of the district when it is a consulted agency. The responsible official is authorized to develop and promulgate such procedures as he/she deems appropriate for implementing these SEPA Rules. The responsible official shall provide for responses on behalf of the district when it is a consulted agency.
-(Res. 410 § 12, 1984)+(Res. {{:410.pdf|410}} § 12, 1984)

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