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Chapter 140-09 WAC

Last Update: 6/6/08

WASHINGTON STATE CONVENTION AND TRADE CENTER—SEPA GUIDELINES

WAC Sections

PART ONE - AUTHORITY
HTMLPDF140-09-010Authority.
PART TWO - GENERAL REQUIREMENTS
HTMLPDF140-09-020Purpose of this part and adoption by reference.
HTMLPDF140-09-030Additional definitions.
HTMLPDF140-09-040Designation of responsible official.
HTMLPDF140-09-050Lead agency determination and responsibilities.
PART THREE - CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS
HTMLPDF140-09-065Purpose of this part and adoption by reference.
PART FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS)
HTMLPDF140-09-110Purpose of this part and adoption by reference.
PART FIVE - COMMENTING
HTMLPDF140-09-128Adoption by reference.
HTMLPDF140-09-129Availability and cost of environmental documents.
HTMLPDF140-09-130Public notice.
HTMLPDF140-09-140Designation of official to perform consulted agency responsibilities for the corporation.
PART SIX - USING EXISTING ENVIRONMENTAL DOCUMENTS
HTMLPDF140-09-150Purpose of this part and adoption by reference.
PART SEVEN - SEPA AND AGENCY DECISIONS
HTMLPDF140-09-155Purpose of this part and adoption by reference.
HTMLPDF140-09-160Substantive authority.
HTMLPDF140-09-170No administrative appeal.
HTMLPDF140-09-173Notice/statute of limitations.
PART EIGHT - DEFINITIONS
HTMLPDF140-09-175Purpose of this part and adoption by reference.
PART NINE - CATEGORICAL EXEMPTIONS
HTMLPDF140-09-180Adoption by reference.
HTMLPDF140-09-182Corporation compliance with flexible thresholds.
HTMLPDF140-09-183Emergencies.
PART TEN - AGENCY COMPLIANCE
HTMLPDF140-09-185Purpose of this part and adoption by reference.
HTMLPDF140-09-220Severability.
PART ELEVEN - FORMS
HTMLPDF140-09-230Adoption by reference.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
140-09-058Additional timing considerations. [Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-058, filed 1/3/85.] Repealed by WSR 08-13-015, filed 6/6/08, effective 7/7/08. Statutory Authority: RCW 43.21C.120.
140-09-080Use of exemptions. [Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-080, filed 1/3/85.] Repealed by WSR 08-13-015, filed 6/6/08, effective 7/7/08. Statutory Authority: RCW 43.21C.120.
140-09-090Environmental checklist. [Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-090, filed 1/3/85.] Repealed by WSR 08-13-015, filed 6/6/08, effective 7/7/08. Statutory Authority: RCW 43.21C.120.
140-09-100Mitigated DNS. [Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-100, filed 1/3/85.] Repealed by WSR 08-13-015, filed 6/6/08, effective 7/7/08. Statutory Authority: RCW 43.21C.120.
140-09-120Preparation of EIS—Additional considerations. [Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-120, filed 1/3/85.] Repealed by WSR 08-13-015, filed 6/6/08, effective 7/7/08. Statutory Authority: RCW 43.21C.120.
140-09-200Fees. [Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-200, filed 1/3/85.] Repealed by WSR 08-13-015, filed 6/6/08, effective 7/7/08. Statutory Authority: RCW 43.21C.120.


PART ONE - AUTHORITY

PDF140-09-010

Authority.

These rules are promulgated pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C.120, and are intended to administratively implement that statute, as further authorized by WAC 197-11-904. This chapter contains this corporation's SEPA procedures and policies. The SEPA rules, chapter 197-11 WAC, must be used in conjunction with this chapter.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-010, filed 6/6/08, effective 7/7/08. Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-010, filed 1/3/85. Formerly chapter 140-08 WAC.]



PART TWO - GENERAL REQUIREMENTS

PDF140-09-020

Purpose of this part and adoption by reference.

This part contains the basic requirements that apply to the SEPA process. The corporation adopts the following sections of chapter 197-11 of the Washington Administrative Code by reference:
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 action.
Determination of significance and EIS for MTCA remedial actions.
Early scoping for MTCA remedial actions.
MTCA interim actions.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-020, filed 6/6/08, effective 7/7/08. Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-020, filed 1/3/85.]



PDF140-09-030

Additional definitions.

In addition to those definitions contained within WAC 197-11-700 through 197-11-799, the following terms shall have the following meanings when used in this chapter, unless the context indicates otherwise:
(1) "Corporation" means the Washington state convention and trade center as established by chapter 67.40 RCW.
(2) "SEPA rules" means chapter 197-11 WAC adopted by the department of ecology.
(3) "Early notice" means the corporation's response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal (mitigated determination of nonsignificance (DNS) procedures).
[Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-030, filed 1/3/85.]



PDF140-09-040

Designation of responsible official.

(1) For those proposals for which the corporation is the lead agency, the responsible official shall be the president of the Washington state convention and trade center.
(2) For all proposals for which the corporation is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the "lead agency" or "responsible official" by those sections of the SEPA rules that were adopted by reference in WAC 140-09-020.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-040, filed 6/6/08, effective 7/7/08. Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-040, filed 1/3/85.]



PDF140-09-050

Lead agency determination and responsibilities.

(1) The corporation 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.
(2) The corporation shall serve as the lead agency for all proposals by the corporation. When the total proposal will involve both private and corporation construction activity, it shall be characterized as either a private or a corporation project for the purposes of lead agency designation, depending upon whether the primary sponsor or initiator of the project is the corporation or a private party. Any project in which corporation and private interests are too intertwined to make this characterization shall be considered a corporation project.
(3) When the corporation is not the lead agency for a proposal, the corporation shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. The corporation shall not 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 corporation may conduct supplemental environmental review under WAC 197-11-600.
(4) If the corporation 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 days of receipt of the determination, or the corporation must petition the department of ecology for a lead agency determination under WAC 197-11-946 within the fifteen-day time period. Any such petition on behalf of the corporation may be initiated by the president of the Washington state convention and trade center.
(5) The corporation 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 approves the agreement.
(6) The corporation, 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 (That is: Which agencies require nonexempt licenses?).
(7) When the corporation is the 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 corporation shall decide jointly with ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-050, filed 6/6/08, effective 7/7/08. Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-050, filed 1/3/85.]



PART THREE - CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS

PDF140-09-065

Purpose of this part and adoption by reference.

This part contains the rules for deciding whether a proposal has a "probable significant, adverse environmental impact" requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The corporation adopts the following sections of chapter 197-11 of the Washington Administrative Code by reference:
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.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-065, filed 6/6/08, effective 7/7/08. Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-065, filed 1/3/85.]



PART FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS)

PDF140-09-110

Purpose of this part and adoption by reference.

This part contains the rules for preparing environmental impact statements. The corporation adopts the following sections of chapter 197-11 of the Washington Administrative Code by reference:
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.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-110, filed 6/6/08, effective 7/7/08. Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-110, filed 1/3/85.]



PART FIVE - COMMENTING

PDF140-09-128

Adoption by reference.

This part contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The corporation adopts the following sections of chapter 197-11 of the Washington Administrative Code by reference:
WAC
Purpose of this part.
Inviting comment.
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.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-128, filed 6/6/08, effective 7/7/08. Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-128, filed 1/3/85.]



PDF140-09-129

Availability and cost of environmental documents.

(1) SEPA documents required by the SEPA rules shall be retained by the corporation and made available in accordance with chapter 42.56 RCW.
(2) The corporation shall make copies of any environmental document available in accordance with chapter 42.56 RCW, charging only those costs allowed plus mailing costs. However, no charge shall be levied for circulation of documents to other agencies as required by these rules.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-129, filed 6/6/08, effective 7/7/08.]



PDF140-09-130

Public notice.

(1) Whenever the SEPA rules require notice to be given under WAC [ 197-11-510] the corporation shall give public notice as follows:
(a) Posting the property, for site-specific proposals; and
(b) Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located (e.g., The Seattle Times or the Seattle Post-Intellegencer).
(2) Whenever possible, the corporation shall integrate the public notice required under this section with existing notice procedures for the corporation's nonexempt licenses required for the proposal.
(3) The corporation may require an applicant to complete the public notice requirements for the applicant's proposal at his or her expense.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-130, filed 6/6/08, effective 7/7/08. Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-130, filed 1/3/85.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.



PDF140-09-140

Designation of official to perform consulted agency responsibilities for the corporation.

The president of the corporation, or his or her designee, shall be responsible for coordinating, receiving, and reviewing comments and requests for information from agencies regarding threshold determinations, scoping, EISs, and supplemental EISs.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-140, filed 6/6/08, effective 7/7/08. Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-140, filed 1/3/85.]



PART SIX - USING EXISTING ENVIRONMENTAL DOCUMENTS

PDF140-09-150

Purpose of this part and adoption by reference.

This part contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the corporation's own environmental compliance. The corporation adopts the following sections of chapter 197-11 of the Washington Administrative Code by reference:
WAC
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.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-150, filed 6/6/08, effective 7/7/08. Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-150, filed 1/3/85.]



PART SEVEN - SEPA AND AGENCY DECISIONS

PDF140-09-155

Purpose of this part and adoption by reference.

This part contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The corporation adopts the following sections of chapter 197-11 of the Washington Administrative Code by reference:
WAC
Purpose of this part.
Implementation.
Substantive authority and mitigation.
Appeals.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-155, filed 6/6/08, effective 7/7/08. Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-155, filed 1/3/85.]



PDF140-09-160

Substantive authority.

(1) The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the Washington state convention and trade center.
(2) The corporation may attach conditions to a permit or approval for a proposal so long as:
(a) Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this ordinance; and
(b) Such conditions are in writing; and
(c) The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
(d) The corporation has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
(e) Such conditions are based on one or more policies in subsection (4) of this section and cited in the license or other decision document.
(3) The corporation may deny a permit or approval for a proposal on the basis of SEPA so long as:
(a) A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this ordinance; and
(b) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
(c) The denial is based on one or more policies identified in subsection (4) of this section and identified in writing in the decision document.
(4) The corporation designates and adopts by reference the following policies as the basis for the corporation's exercise of authority pursuant to this section:
(a) The corporation shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:
(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(ii) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
(iii) Attain the widest range of beneficial uses of the environment without unreasonable degradation, risk to health or safety, or other undesirable and unintended consequences;
(iv) Preserve when feasible important historic, cultural, and natural aspects of our national heritage;
(v) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
(vi) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and
(vii) Enhance the quality of renewable resources and support recycling of depletable resources.
(b) The corporation recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
(5) To the extent that the appeal provision of RCW 43.21C.060 may be applicable to the corporation, the corporation hereby eliminates any appeal to the legislative authority of the corporation of decisions to grant, condition, or deny a proposal.
[Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-160, filed 1/3/85.]



PDF140-09-170

No administrative appeal.

There is no administrative appeal of any corporation determination relating to SEPA. Any appeal must be a judicial appeal under WAC 197-11-680(4).
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-170, filed 6/6/08, effective 7/7/08.]



PDF140-09-173

Notice/statute of limitations.

(1) The corporation, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.
(2) The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the corporation, applicant or proponent pursuant to RCW 43.21C.080.
[Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-173, filed 1/3/85.]



PART EIGHT - DEFINITIONS

PDF140-09-175

Purpose of this part and adoption by reference.

This part contains uniform usage and definitions of terms under SEPA. The corporation adopts the following sections of chapter 197-11 of the Washington Administrative Code by reference, as supplemented by WAC 140-09-030:
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.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-175, filed 6/6/08, effective 7/7/08. Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-175, filed 1/3/85.]



PART NINE - CATEGORICAL EXEMPTIONS

PDF140-09-180

Adoption by reference.

The corporation adopts by reference the following rules for categorical exemptions from chapter 197-11 of the Washington Administrative Code:
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.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-180, filed 6/6/08, effective 7/7/08. Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-180, filed 1/3/85.]



PDF140-09-182

Corporation compliance with flexible thresholds.

The corporation will use the flexible thresholds established by the city of Seattle.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-182, filed 6/6/08, effective 7/7/08.]



PDF140-09-183

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 the corporation's 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 public health or safety resulting from structural failure, accidental or intentional acts or omissions, equipment malfunction, human error or natural event.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-183, filed 6/6/08, effective 7/7/08.]



PART TEN - AGENCY COMPLIANCE

PDF140-09-185

Purpose of this part and adoption by reference.

This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, listing agencies with environmental expertise, selecting the lead agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The corporation adopts the following sections of chapter 197-11 of the Washington Administrative Code by reference:
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.
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.
[Statutory Authority: RCW 43.21C.120. WSR 08-13-015, § 140-09-185, filed 6/6/08, effective 7/7/08. Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-185, filed 1/3/85.]



PDF140-09-220

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: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-220, filed 1/3/85.]



PART ELEVEN - FORMS

PDF140-09-230

Adoption by reference.

The corporation adopts the following forms and sections of chapter 197-11 of the Washington Administrative Code by reference:
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 43.21C.120. WSR 08-13-015, § 140-09-230, filed 6/6/08, effective 7/7/08. Statutory Authority: Chapter 43.21C RCW. WSR 85-03-004 (Order 3, Resolution No. 103), § 140-09-230, filed 1/3/85.]