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140-09-155  <<  140-09-160 >>   140-09-170

PDFWAC 140-09-160

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), ยง 140-09-160, filed 1/3/85.]
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