This part contains the basic requirements that apply to the SEPA process. The city of Colville adopts the following sections of Chapter 197-11 WAC by reference:
WAC 197-11-040
Definitions.
WAC 197-11-050
Lead agency.
WAC 197-11-060
Content of environmental review.
WAC 197-11-070
Limitations on actions during SEPA process.
WAC 197-11-080
Incomplete or unavailable information.
WAC 197-11-090
Supporting documents.
WAC 197-11-100
Information required of applicants.
WAC 197-11-158
GMA project review – Reliance on existing plans, laws, and regulations.
WAC 197-11-210
SEPA/GMA integration. (WAC 197-11-210 through 197-11-235 optional; does not apply for non-GMA jurisdictions.)
WAC 197-11-220
SEPA/GMA definitions.
WAC 197-11-228
Overall SEPA/GMA integration procedures.
WAC 197-11-230
Timing of an integrated GMA/SEPA process.
WAC 197-11-232
SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.
WAC 197-11-235
Documents.
WAC 197-11-238
Monitoring. (Optional.)
WAC 197-11-250
SEPA/Model Toxics Control Act integration.
WAC 197-11-253
SEPA lead agency for MTCA actions.
WAC 197-11-256
Preliminary evaluation.
WAC 197-11-259
Determination of nonsignificance for MTCA remedial actions.
WAC 197-11-262
Determination of significance and EIS for MTCA remedial actions.
WAC 197-11-265
Early scoping for MTCA remedial actions.
WAC 197-11-268
MTCA interim actions.
(Ord. 1273 NS § 1, 2002)
In addition to those definitions contained within WAC 197-11-700 through 197-11-799 and 197-11-220, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:
A. 
"Department"
means any division, subdivision or organizational unit of the city established by ordinance, rule, or order.
B. 
"SEPA rules"
means Chapter 197-11 WAC adopted by the Department of Ecology.
C. 
"Ordinance"
means the ordinance, resolution, or other procedure used by the city to adopt regulatory requirements.
D. 
"Early notice"
means the city's response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal.
(Ord. 1273 NS § 1, 2002)
A. 
For public proposals, the head (administrative official) of the department making the proposal shall be the responsible official. For private proposals, the head (administrative official) of the department with primary responsibility for approving the permits and licenses for the proposal shall be the responsible official. When multiple officials have permitting authority, the assignment of responsibility shall be reached by agreement.
B. 
For all proposals for which the city 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 CMC § 18.04.020.
C. 
The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW.
(Ord. 1273 NS § 1, 2002)
A. 
The department within the city 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; unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.
B. 
When the city is the lead agency for a proposal, the department receiving the application shall determine the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.
C. 
When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No city department shall 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 city may conduct supplemental environmental review under WAC 197-11-600.
D. 
If the city or any of its departments 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 15 days of receipt of the determination, or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the city may be initiated by the administrative official.
E. 
Departments of the city are 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 and any department that will incur responsibilities as the result of such agreement approve the agreement.
F. 
Any department 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?)
G. 
When the city is 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 city shall decide jointly with Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency.
(Ord. 1273 NS § 1, 2002)
For any proposal for a private project where the city would be the lead agency and for which one or more state agencies have jurisdiction, the city's responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the city shall be an agency with jurisdiction. To transfer lead agency duties, the city's responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official of the city shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal.
(Ord. 1273 NS § 1, 2002)
A. 
For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the city's staff recommendation to any appropriate advisory body, such as the planning commission.
B. 
If the city's only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications.
(Ord. 1273 NS § 1, 2002)