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Chapter 478-324 WAC

Last Update: 1/9/12

RULES AND REGULATIONS FOR THE UNIVERSITY OF WASHINGTON IMPLEMENTATION OF THE STATE ENVIRONMENTAL POLICY ACT

WAC Sections

Authority.
Adoption by reference.
Additional consideration in timing of threshold determination and EIS process.
SEPA advisory committee established for environmental review.
SEPA advisory committee responsibility.
Additional considerations in determination of nonsignificance.
Additional considerations in mitigated DNS.
Additional considerations in determination of significance and scoping.
Additional consideration of EIS content.
Additional recipients of DEIS.
Additional recipients of FEIS.
Establishment of SEPA information center.
Additional methods of public notice.
No administrative appeal.
Additional definitions.
University compliance with flexible thresholds.
Emergencies.
Designation of responsible official.
Procedures on consulted agencies.
Determining the lead agency.
Determination of lead unit.
SEPA policy rule and substantive authority.
Severability.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER
478-324-050
Additional considerations in threshold determination process. [Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-050, filed 10/2/84.] Repealed by WSR 00-04-039, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120.


478-324-010
Authority.

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-010, filed 10/2/84. Formerly chapter 478-325 WAC.]



478-324-020
Adoption by reference.

General Requirements
WAC
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.
SEPA/Model Toxics Control Act integration.
SEPA lead agency for MTCA actions.
Preliminary evaluation.
Determination of nonsignificance for MTCA remedial actions.
Determination of significance and EIS for MTCA remedial actions.
Early scoping for MTCA remedial actions.
MTCA interim actions.
Categorical Exemptions and Threshold Determination
WAC
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.
Environmental Impact Statement (EIS)
WAC
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.
Commenting
WAC
Purpose of this part.
Inviting comment.
Availability and cost of environmental documents.
SEPA register.
Public notice.
Public hearings and meetings.
Effect of no comment.
Specificity of comments.
FEIS response to comments.
Consulted agency costs to assist lead agency.
Using Existing Environmental Documents
WAC
When to use existing environmental documents.
Use of NEPA documents.
Supplemental environmental impact statementProcedures.
AddendaProcedures.
AdoptionProcedures.
Incorporation by referenceProcedures.
Combining documents.
SEPA and Agency Decisions
WAC
Purpose of this part.
Implementation.
Substantive authority and mitigation.
Appeals.
Definitions
WAC
Definitions.
Act.
Action.
Addendum.
Adoption.
Affected tribe.
Affecting.
Agency.
Applicant.
Built environment.
Categorical exemption.
Closed record appeal.
Consolidated appeal.
Consulted agency.
Cost-benefit analysis.
County/city.
Decision maker.
Department.
Determination of nonsignificance (DNS).
Determination of significance (DS).
EIS.
Environment.
Environmental checklist.
Environmental document.
Environmental review.
Expanded scoping.
Impacts.
Incorporation by reference.
Lands covered by water.
Lead agency.
License.
Local agency.
Major action.
Mitigated DNS.
Mitigation.
Natural environment.
NEPA.
Nonproject.
Open record hearing.
Phased review.
Preparation.
Private project.
Probable.
Proposal.
Reasonable alternative.
Responsible official.
SEPA.
Scope.
Scoping.
Significant.
State agency.
Threshold determination.
Underlying governmental action.
Categorical Exemptions
WAC
Categorical exemptions.
Exemptions and nonexemptions applicable to specific state agencies.
Department of licensing.
Department of labor and industries.
Department of natural resources.
Department of fisheries.
Department of game.
Department of social and health services.
Department of agriculture.
Department of ecology.
Department of transportation.
Utilities and transportation commission.
Department of commerce and economic development.
Other agencies.
Emergencies.
Petitioning DOE to change exemptions.
Agency Compliance
WAC
Purpose of this part.
Agency SEPA policies.
Agency SEPA procedures.
Content and consistency of agency procedures.
Designation of responsible official.
Procedures of consulted agencies.
SEPA fees and costs.
Application to ongoing actions.
Relationship to chapter 197-10 WAC.
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.
Severability.
Effective date.
Forms
WAC
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: RCW 28B.20.130 and 43.21C.120. WSR 03-12-007, § 478-324-020, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-020, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-020, filed 10/2/84.]



478-324-030
Additional consideration in timing of threshold determination and EIS process.

(1) For project-type actions involving construction or modification of facilities, the threshold determination, DNS, mitigated-DNS, or draft EIS shall be completed no later than the authorization to prepare construction documents. When an EIS is required, the final EIS shall be issued no later than seven days prior to the award of a construction contract.
(2) For nonproject-type actions, the threshold determination, DNS, mitigated-DNS, or EIS shall be completed prior to final approval or adoption of the proposal by the board of regents or agent delegated by the board to take such action. When an EIS is required, the final EIS shall be issued no later than seven days prior to the approval or adoption of a proposal.
[Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-030, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-030, filed 10/2/84.]



478-324-040
SEPA advisory committee established for environmental review.

A SEPA advisory committee (the committee) shall be established to assist the university with environmental review and with integrating SEPA procedures with the planning and decision-making process. The committee shall aid the university in complying with the State Environmental Policy Act (chapter 43.21C RCW) and State Environmental Policy Act rules (chapter 197-11 WAC), except for those actions pertaining to the metropolitan tract. The committee shall consist of members representing the students, faculty, and staff of the university and shall be appointed by the president. It shall be the mission of the committee to ensure that sound decision making at the university includes early consideration of environmental values and goals and timely preparation and review of environmental analysis.
[Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-040, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-040, filed 10/2/84.]



478-324-045
SEPA advisory committee responsibility.

(1) The responsible official shall consult with the committee as follows:
(a) After completion of an environmental checklist but before threshold determination.
(b) Prior to the responsible official's reconsideration of the threshold determination if substantive comments have been received regarding the DNS.
(c) Prior to the responsible official issuing a mitigated DNS.
(d) Prior to the issuance of a scoping notice.
(e) Prior to the publication of any draft EIS.
(f) Prior to the publication of any final EIS.
(2) Committee review of scoping notice, DNS, and mitigated DNS may occur without a formal meeting.
(3) The university shall give the committee notice of public hearings on the environmental impact of a proposal.
(4) The committee's recommendations shall be advisory and shall not relieve the responsible officials of their responsibilities as established by these procedures.
[Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, Chapter 1, § 2. WSR 10-23-039, § 478-324-045, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 28B.20.130 and 43.21C.120. WSR 03-12-007, § 478-324-045, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-045, filed 1/25/00, effective 2/25/00.]



478-324-060
Additional considerations in determination of nonsignificance.

(1) The responsible official shall send the DNS and environmental checklist to agencies with jurisdiction, the city-university community advisory committee, and the SEPA advisory committee.
(2) If the university withdraws a DNS and makes a new threshold determination, the responsible official shall send notice of any withdrawn DNS and new threshold determination to agencies with jurisdiction, the city-university community advisory committee, and the SEPA advisory committee.
[Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-060, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-060, filed 10/2/84.]



478-324-070
Additional considerations in mitigated DNS.

(1) In consultation with the SEPA advisory committee, the responsible official will determine if there are mitigating measures and clarifications or changes to the environmental checklist which would reduce impacts to the extent that a mitigated DNS could be issued.
(2) All mitigation measures in a mitigated DNS for a proposed project shall be included in the final project, with the exception of any measures clearly the responsibility of another agency.
[Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-070, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-070, filed 10/2/84.]



478-324-090
Additional considerations in determination of significance and scoping.

(1) Scoping shall be used for EIS's and supplemental EIS's.
(2) The university shall notify members of the SEPA advisory committee, the city-university community advisory committee, agencies with jurisdiction, and others on the university SEPA mailing list of the DS and the initiation of this scoping process. Written comments shall be provided to the university within twenty-one days of the issuance of the DS.
[Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-090, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-090, filed 10/2/84.]



478-324-100
Additional consideration of EIS content.

Where the university is lead agency, the EIS preparers of the university shall determine the organization of the EIS, even though other agencies with jurisdiction are involved with the proposal.
[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-100, filed 10/2/84.]



478-324-110
Additional recipients of DEIS.

(1) The university shall send copies of the draft EIS to the SEPA advisory committee and the city-university community advisory committee.
(2) The university shall provide notice of the draft EIS to all individuals, organizations and agencies who provided comment during the scoping process.
[Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-110, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-110, filed 10/2/84.]



478-324-120
Additional recipients of FEIS.

(1) The university shall send copies of the final EIS to the SEPA advisory committee and the city-university community advisory committee.
(2) The responsible official shall send notice of availability of the final EIS to anyone who received and/or commented on the DEIS.
[Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-120, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-120, filed 10/2/84.]



478-324-130
Establishment of SEPA information center.

(1) The University of Washington office of public records and open public meetings shall serve as the university's SEPA information center.
(2) The following documents shall be maintained at the SEPA information center:
(a) Copies of all SEPA public information registers for a period of one year from the date of publication.
(b) Copies of all environmental checklists, determinations of nonsignificance and determinations of significance for a period of one year from the date of issue.
(c) Copies of all current scoping and public hearing notices.
(d) Copies of all draft and final EISs for a period of three years after the date of publication, except that technical appendices need not be maintained at the SEPA information center if adequate notice is provided regarding where on campus such appendices are located.
(e) Copies of all draft and final EISs which have been incorporated by reference shall be maintained at the SEPA information center for the same time period as the underlying document is maintained.
(f) A current list of individuals designated as responsible officials for university compliance with SEPA.
(g) A current membership list of the SEPA advisory committee.
(h) Copies of agendas and minutes of the SEPA advisory committee for a period of one year after the date of issue.
(3) The documents at the SEPA information center shall be available for public inspection and copies thereof shall be provided upon request. A fee to cover the actual cost of printing/copying may be charged for copies.
[Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, Chapter 1, § 2. WSR 10-23-039, § 478-324-130, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-130, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-130, filed 10/2/84.]



478-324-140
Additional methods of public notice.

The university shall provide public notice of scoping, DNS with comment period, public hearings scheduled in accordance with these procedures and availability of draft and final EISs by providing notice in such form as a press release or advertisement in the online UW Today, University of Washington Daily, and/or in another legal newspaper of general circulation in the area where the property which is the subject of the action is located (e.g., The Seattle Times or Tacoma News Tribune).
[Statutory Authority: RCW 28B.20.130 and BRG, Standing Orders, Chapter 1. WSR 12-03-038, § 478-324-140, filed 1/9/12, effective 2/9/12. Statutory Authority: RCW 28B.20.130 and UWBR, Standing Orders, Chapter 1, § 2. WSR 10-23-039, § 478-324-140, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 28B.20.130 and 43.21C.120. WSR 03-12-007, § 478-324-140, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-140, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-140, filed 10/2/84.]



478-324-145
No administrative appeal.

[Statutory Authority: RCW 28B.20.130 and 43.21C.120. WSR 03-12-007, § 478-324-145, filed 5/22/03, effective 6/22/03.]



478-324-150
Additional definitions.

(1) "Final action" means the university's decision to proceed or not proceed with a proposal and is so defined in compliance with public notice requirements, RCW 43.21C.080. For proposals involving a series of decision points, the final action shall be clearly identified in the environmental checklist and/or EIS. The point at which the final action is made during the planning process may vary depending upon the nature of the proposal, but at no time shall the final action occur before fourteen days following issuance of a DNS or seven days following issuance of an FEIS.
(2) "SEPA mailing list" means a current list maintained at the capital projects office at the university of all individuals, groups, and agencies who have communicated to the university their interest in SEPA policies, procedures, and documents. This list shall include the city-university community advisory committee and all community organizations represented on the committee, including those with alternative representation.
[Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-150, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-150, filed 10/2/84.]



478-324-160
University compliance with flexible thresholds.

The university will use the flexible thresholds established by the particular jurisdiction in which a university project is located.
[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-160, filed 10/2/84.]



478-324-170
Emergencies.

Actions that must be undertaken immediately or within a time too short to allow full compliance with these rules, to avoid an imminent threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation, shall be exempt from the procedural requirements of this chapter. Such actions include, but are not limited to, the following:
(1) Emergency pollution control actions responding to accidental discharges, leaks or spills into the air, water, or land.
(2) Implementation of a change in waste disposal procedures caused by unanticipated changes in waste sources which are in compliance with federal and state regulations and standards.
(3) Cleanup or decontamination of academic and research facilities or equipment accidentally exposed or contaminated, to permit maintenance, repair or relocation, when procedures followed are in accordance with federal or state guidelines, recommendations, or standards.
(4) Emergency actions implemented to reduce an imminent hazard to the health and safety of an element of the university resulting from structural failure, equipment malfunction, human error or natural event.
[Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-170, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-170, filed 10/2/84.]



478-324-180
Designation of responsible official.

The associate vice-president for capital projects or his or her designee shall serve as the responsible official for all university projects.
[Statutory Authority: RCW 28B.20.130 and 43.21C.120. WSR 03-12-007, § 478-324-180, filed 5/22/03, effective 6/22/03. Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-180, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-180, filed 10/2/84.]



478-324-190
Procedures on consulted agencies.

The capital projects office shall be responsible for coordinating, receiving, and reviewing comments and requests for information from agencies regarding threshold determinations, scoping, EIS's, and supplemental EIS's.
[Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-190, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-190, filed 10/2/84.]



478-324-200
Determining the lead agency.

(1) Except as otherwise specially provided herein, the university shall serve as the lead agency for all proposals.
(2) When the total proposal will involve both private and university construction activity, it shall be characterized as either a private or a university project for the purposes of lead agency designation, depending upon whether the primary sponsor or initiator of the project is the university or a private party. Any project in which university and private interests are too intertwined to make this characterization shall be considered a university project.
(3) The university's responsibilities as lead agency include complying with the threshold determination procedures; the initiation and administration of the scoping process; the supervision or actual preparation of draft EIS's, including the circulation of such statements, the conduct of any public hearings or public meetings required by these rules; and the supervision or preparation of required final EIS's and supplemental EIS's.
[Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-200, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-200, filed 10/2/84.]



478-324-210
Determination of lead unit.

(1) For university actions subject to SEPA, the capital projects office shall be charged with the university's lead agency responsibilities.
(2) The capital projects office shall have primary university responsibility for providing procedural advice with regard to these rules.
(3) All university units with environmental expertise should strive to make their services available to the capital projects office to assist in the university's compliance with SEPA.
[Statutory Authority: RCW 43.21C.120. WSR 00-04-039, § 478-324-210, filed 1/25/00, effective 2/25/00. Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-210, filed 10/2/84.]



478-324-220
SEPA policy rule and substantive authority.

In order to carry out the policy of the State Environmental Policy Act, the University of Washington or its agents shall use all practical means, consistent with other essential considerations of state and university policy, to improve and coordinate plans, functions, programs, and resources 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 esthetically 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 and 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; and
(7) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-220, filed 10/2/84.]



478-324-230
Severability.

If any provision 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 persons or circumstances, shall not be affected.
[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. WSR 84-20-074 (Order), § 478-324-230, filed 10/2/84.]