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Home My WebLink About01 81 .. ',. '::...... , ~. . )- 'g; l,...., \ \ .....'f~ ~ \f J~~ CCOO[N]1JW IMPLEMENTING' ORDINANCE: STATE ENVIRONMENTAL POLICY ACT VOL 7 PAGE11! . . . ~. """J/,, , .\i ORDINANCE NO. 1-81 REPEALING ORDINANCE NO. 1~77 JEFFERSON COUNTY IMPLEMENTING ORDINANCE: STATE ENVIRONMENTAL POLICY ACT JEFFERSON COUNTY BOARD OF COMMISSIONERS A.M. O'Meara, Chairman B.G.,Brown, Member Carroll M. Mercer, Member JEFFERSON COUNTY PLANNING DEPARTMENT David Goldsmith, Director Thomas Aumock, Assistant Planner Carol Saari, Associate Planner Edward Darden, Associate Planner Laura Southmayd, Administrative Assistant Peter Steel, Planning Technician Jean McCarthey, Secretary .JANUARY 1981 : VOL 7 t1A~~.112 , . ~--:'-. TABLE OF CONTENTS SECTION 1 PURPOSE AND POLICIES PAGE 1 SECTION 2 AUTHORITY 2.10 Substantive Effect, Board of County Commissioners Authority 1 2.20 Substantive Effect, Administrative Authority 1 2.30 Appeal of an Administrative Deci.sion 1 SECTION 3 ADOPTION BY REFERENCE SECTION 4 ADDITIONAL DEFINITIONS SECTION 5 ENVIRONMENTAL SENSITVE AREAS 2 4 4 SECTION 6 ADMINISTRATION 6.10 Use of Categorical Exemptions 4 6.20 Responsible Official 4 6.30 Designation of Department to Perform Consulted Agency 5 Responsibilities for the County 6.40 Lead A,gency Determination and Responsibilities 5 6.50 Responsibility of Agencies. S.E.P.A. Public Information 6 6.60 Fees 6 6.70 Notice of Action 6 SECTION 7 ENVIRONMENTAL CHECKLIST AND ENVIRONMENTAL IMPACT STATEMENT 7.10 Environmental Checklist 6 7.20 Preparation of E.I.S. 6 7.30 Additional Elements to be Covered in an E.I.S. 7 SECTION 8 LEGAL PROVISIONS 8.10 Severability 8.20 Repealer 8.30 Effective Date 8.40 Adoption 7 7 7 8 ~ VOL . 7 fatlEl13 .. o. , Ordinance No. 1- 81 Jefferson County Implementing Ordinance: State Environmental Policy Act SECTION 1 PURPOSE AND POLICIES This ordinance establishes procedures and guidelines for the systematic implementation of the Washington State Environmental Policy Act (S.E.P.A.), Chapter 43.21(c) Revised Code of Washington (R.C.W.),and GUideZines Interpre- ting and IrrpZementing S.E.P.A., Chapter 197-10 Washington State Administrative Code (W.A.C.), by Jefferson County. The County of Jefferson hereby adopts by reference the policies of S.E.P.A. expressed in R.C.W. 43.21C.01O, R.C.\~. 43.~1C..020, a'nd R.C.:W. 43.21C.060. SECTION 2 AUTHORITY 2.10 Substantive Effect, Board of County Commissioners Authority: The Jefferson County Board of Commissioners hereby possesses the authority to deny or condition actions so as to mitigate or prevent adverse environmental impacts. This authority applies to all actions as defined in this ordinance, as well as to activities that are categorically exempted or excluded from the definition of an action, whether or not such activities require administrative or legisla- tive review. 2.20 Substantive Effect, Administrative Authority: The county depart- ments may also possess the authority to deny or condition by administrative decision .any governmental action not requiring a legislative decision. A proposal may be denied or conditioned to mitigate or prevent any significant adverse environmental impact identified in an environmental document and not addressed by specific regulations. The denial or condition shall be in a written manner and shall be based on policies incorporated into the resolutions, regulations, ordinances, plans, or codes of the county. 2.30 Appeal of an Administrative Decision: Any administrative decision made pursuant to this ordinance mY be appealed by an aggrieved person to the board. A written appeal shall be filed with the board within ten (10) days of the date of the written decision and shall state in full the facts of the matter and the reasons for appeal. 1 VDt . 7 fM~11.f , l ''''''';1. ,~ ,~)' SECTION 3 ADOPTION BY REFERENCE I I Jefferson County hereby adopts by referehce the following sections or subsections of Chapter 197-10 W.A.C., the S.Elp.A. Guidelines, adopted by the Washington State Council on Environmental P01\cy and amended by the Washington State Department of Ecology: . W.A.C. 197-10-040 Definitions -060 Scope of a' pro~osal and it$ inpacts -160 No 'presumption of signific~nce for non-exempt actions -170 Categorical exemptions ! -175 Exemptions and non-exempti~ns applicable to specific state agencies , -180 Exemptions for emergency a~tions ~190 Use and effect of categorical exemptions -200 Lead agency~esponsibilitjes -203 Determination of lead agency--Procedures -205 Lead agency designatio~9vernmental proposals -210 Lead agency designatio~toposals involving both private and public construction i -215 Lead agency designatio~rivate projects for which there is only one agency , i -220 Lead agency designatio~tivate projects' requiring licenses from mbre than one agency, I when one of. the agencies is Jefferson County , -225 Lead agency designatio~tivate projects requiring licenses from more than one state agency -230 Lead agency designation--Specific proposals -235 Local agency transfer of l~ad agency status to a state agency ! -240 Agreements as to lead agen~y status -245 Agreements between agencier as to division of lead agency duties ; -260 Dispute as to lead agency ~etermination--Resolution by the Washington State Department of Ecology -270 Assumption of lead agency ~y another agency with jurisdic- tion ! -300 Threshold determination re~uirement -305 Recommended timing for threshold determination ' -310 Threshold determination pr~cedures-Environmental checklist -320 Threshold determination procedures--Initial review of envi- ronmental checklist [ -330 Threshold detenmination pr~cedures--Information in addition to checklist ' -340 Threshold determination procedures--Negative declaration -345 Assumption of lead agency $tatus by another agency with jurisdiction--Prerequisite$, effect and form of notice -350 Affirmative threshold detetmination -355 Form of declaration of sig~ificance/non-significance -360 Threshold determination criteria--Application of environ- . I mental checkllst -365 Environmental checklist 2 . VOL I t tAGE115 I ! o ... - . -370 Withdrawal of affirmative threshold determination -375 Withdrawal of negative threshold determination -390 Effect of threshold determination of lead agency -400 Duty to b,egin preparation of draft E.I.S. -410 Pre-draft consultation procedures -425 Organization and style of draft E.I.S. -440 Contents of draft E.I.S. -442 Special considerations regarding contents of an E.I.S. -444 List of elements of the environment -450 Public awareness of availability of draft E.I.S. -455 Circulation of draft LLS.-Review period -460 Specific agencies to which draft E.I.S. shall be sent -465 Agencies prossessing environmental expertise -470 Costs to the pUblic for reproduction ofenvironmental docu- ments -480 Public hearing on a proposal--When required -485 Notice of public hearing on environmental impact of the proposa 1 ' -490 Public hearing on the proposal-Use of environmental docu- ments -495 Preparation of amended or new draft E.I.S. -500 Responsibilities of consulted agencies-local agencies -510 Responsibilities of consulted agencies--State agencies with juri sdi cti on -520 Responsibilities of consulted agencies--State agencies with environmental expertise -530 Responsibilities of consulted agencies--When pre-draft con- sultation has occurred -535 Cost of performance of consulted agency responsibilities -540 Limitati ons on responses to consultation -545 Effect of no written comment -550 Preparation of final E.I.S.--Time period allowed -570 Preparation of final E.I.S.--When no critical comments received on the draft E.I.S. -580 Preparation of final E.I.S.--Contents--When critical com- ments received on draft E.I.S. -600 Circulation of the final E.I.S. -650 Effect of an adequate final E.LS. prepared pursuant to N.LP.A. -652 Supplementation by a lead agency of an inadequate final N.LP.A. LLS. -660 Use of previously prepared LLS. for a different proposed action -690 Use of a lead agency's E.I.S. by other acting agencies for the same proposal -695 Draft and final supplements to a revised E.I.S. -700 No action for seven days after publication of the final LLS. -710 E.I.S. combined with existing planning and review processes -831 Responsibilities of agencies--S.E.P.A. public information -840 Application of agency guidelines to ongoing actions 3 : VOL . 7 fAGE116 ...:,. .. ................. . . .>, . . . -r . ^ ' j,~ SECTION 4 ADDITIONAL DEFINITIONS In addition to those definitions contain~d within W.A.C. 176-10.040, the following terms shall have the following meanings, unless the context indicates otherwise: -, 1. Board means the Jefferson County Board ofkolmJissioners. 2. County means Jefferson County. I 3. Department means any division, subdivisiory, or organizational unit of Jeff- erson County established by ordinance, rule, or order. '4. S.E.P.A. Guidelines means W.A.C. 197-10 adopted by the Washington State Council on Environmental Policy and amend~d by the Washington State Depart- ment of Ecology. 5. State means Washington State. SECTION 5 ENVIRONMENTAL SENSITIVE AREAS ! 1. Environmental sensitive areas may be designated by Jefferson County. Exemptions identified in W.A.C. 197-10-17~(2) may be applied to the desig- nated areas. Maps designating such areas land any exemptions applied shall be filed with the Jefferson County Plannirlg Department and shall have full force and effect of law as of the date ofiadoption, pursuant to the stan- dards ofW.A.C. 197-10-177. . 2. Major actions which will be located wholl~ or partially within an environ- mental sensitive area are to be treated nq differently than other major actions for all such actions; however an environmental impact statement (LLS.) shall not be automatically requined for a proposal merely because -it is proposed for a location in an envirdnmental sensitive area. 3. Certain exemptions do not apply on lands Qovered by water; this remains true regardless of whether or not lands cdvered by water are mapped. SECTION 6 ADMINISTRATION 1. 6.10 Use of Categorical Exemptions: . Each department that receives an applicatilon for a license or each depart- ment that initiates a governmental propos~l shall determine whether or not the action is exempt from S.E.P.A. under ~he provisions ofW.A.C. 197-10-170. Although such determination by a department is generally final~ it may be subject to administrative review when appl!ication is made. If the proposal includes a series of acti~s, exempt or otherwise, that are physically or functionally related to eachl other, which together may have a significant environmental impact, the prpposal is not exempt. If it is determined a proposal is exempt, ~one of the pr0gedural require- ments of these guidelines apply to the pr~osal. An environmental check- list may be required for an exemptpl"oposall, to facilitate application review pursuant to Section 2 of this ordin~nce. 2. 3. 1. 6.20 Responsible Official: : The board, assisted by the county department with jurisdiction, shall be the responsible official for proposals when the county is the lead agency. I 4 , VDl '] h\&r117 I i I ! . ~l ;.I . . .' . . 2. Other county departments. when requested by the board, shall also assist the board in making threshold determinations, supervise preparation of any required E.I.S., and perform any other functions assigned to the Zead agency or responsible officiaZ. 6.30 Designation of Department to Perform Consulted Agency Responsibil- ities for the County: 1. The Jefferson County Planning Department shall be responsible for coordina- tion of written comments for the county in response to a consultation request prior to a threshold determination, participation in pre-draft consultation, or review of a draft E.I.S. 2. The Jefferson County Planning Department shall be responsible for compli- ance of the county with W.A.C. 197-10-500 through W.A.C. 176-10-540 where- ever the county is a consulted agency, and shall develop operating proced- ures that will ensure responses to consultation requests are prepared in a timely fashion and include data from all appropraite departments of the county. 6.40 Lead Agency Determination and Responsibilities: Any department receiving or initiating a proposal, any portion which involves a major action, shall determine the lead agency for that proposal, pursuant to the criteria set forth in W.A.C. 197-10-205 through W.A.C. 197-10-270, using the procedures of Chapter 197-10-203. This determination shall be made for each proposal involving a major action unless the lead agency has been previously determined, or the department is aware that another departmen't of agency is in the process of determinating the lead agency. (NOTE: A Zead agency must be an agency UJith jurisdiction.) In those instances when the county is not the lead agency under the criteria of W.A.C. 197-10-205 through W.A.C. 197-10-270, all departments subject to the limitations of W.A.C. 197-10-390, W.A.C. 197..10-660, and W.A.C. 197.-10- -690 shall utilize and consider as appropriate either the declaration of non-significance or the final LLS. of the lead agency in conjunction with the decisions o-f the county on the proposal. In such instances no depart- ment shall prepare or require preparation of an environmental check- listorL1.S. in addition to that prepared by the lead agency. In the event the county or any department thereof receives a lead agency detenmination may by another agency that does not appear to be in accord with the criteria of W.A.C. 197-10-205 through W.A.C. 197-10-245, it may object to the determination. Any such objection must be made and resolved within fifteen (15) days of receipt of the determination, or the county must petition the Washington State Department of Ecology for a lead agency determination pursuant to W.A.C. 197-10-260 within the fifteen day time period. Any such petition on behalf of the county shall be initiated by the board. Departments are authorized to make agreements as to lead agency status pursuant to W.A.C. 197-10-240 and ~J.A.C. 197-10-245;" PROVIDED any such agreement involving assumption of lead agency status by the county will first be approved by the board, and any department which will incur respon- sibilities as a result of any such agreemnt will approve the agreement. 1. 2. 3. 4. :1[- 5 lVOL 1 ~AGE118 ~t · .. .... .:.. "\C ~ f" . "1)1 I 5. Any department making a lead agency deter~ination for a private project shall require sufficient information fromithe applicant to ascertain which other agencies have jurisdiction over theiproposal. 6.50 Res onsibilit of A encies, s.E.p.A. Public Information: All docu- ments required by the S.E.P.A. GUidelines shal be retained by the county and made available in accordance with R.C.W. 42.1l. 6.60 Fees: i 1. Costs for preparation, publication. and circulation of a required environ- mental checklist or E.I.S. shall be made by the applicant. The applicant shall be advised of estimated costs priorlto actual preparation. The applicant may be required to post a bond, lor other means of ensuring pay- mentof costs. In the event an environme~tal checklist or LLS. is no longer required as a result of the propos~l being modified, the county shall refund monies collected to the applicant for costs not incurred. 2. No fee shall be collected by the county fqr performing its duties as a consulted agency. . 3. The county may charge persons for copies Of any document prepared pursuant to the requirements of this ordinance: an~ for its mailing in a manner not contrary to R.C.W. 42.17. 4. Publication costs for a notice of action, as required under R.C.W. 43.21C. .090, shall be made by the applicant. 6.70 Notice of Action: The board or th~ county department with jurisdic- tion shall publish a notice of action taken o~ any proposal in a form and manner set forth in R.C.W. 43.21C.080. . SECTION 7 ENVIRONMENTAL CHECKLIST AND ENVIRO~MENTAL IMPACT STATEMENT 7.10 Environmental Checklist: , 1. Except as provided in W.A.C. 197-10-300(2j a completed environmental checklist shall be filed at the same time fan application for a permit, license, certificate, or other entitlement for a use not specifically exempted. This checklist shall be the ba~is for a determination by the county as to lead agency status, and if the county is determined to be lead agency, then for the threshold determination. 2. For all proposals which the county'isthe lead agency, the board, with the assistance of the applicable county department with jurisdiction, shall make the threshold determination pursuantjto the criteria and procedures of W.A.C. 197-10-300 through W.A.C. 197-1~-365. 7.20 Preparation of LLS.: I 1. The draft and final E.I.S. shall be prepa~edeither by Jefferson County, the applicant, or a consultant retained bj the applicant or the county. Applicants shall participate in the prepa~ation of an E.I.S. when written agreement is made between the county and applicant that authorizes: (a) 6 l VOL . 7 fAGt119 ~ . ~ .. # " , oJ Y ",I.';":' the applicant to prepare a draft and final LLS.; (b) the applicant to retain a consultant for the preparation of a draft and final LLS.; (c) joint preparation of a draft and final E.I.S.; or (d) joint retention of a consultant to prepare a draft and final E.I.S. In the event the county and the applicant determine the applicant will participate in the prepara- tion of an E.I.S., written agreement shall be made immediately after completion of the threshold' determination. 2. In the event an E.I.S. is to be prepared by an applicant or a consultant, the responsible official shall assure the E.I.S. is prepared in a respon- sible manner and with appropriate methodology. The responsible official shall direct the areas of research and examination to be undertaken, as well as the organization of the resulting document. The responsible official shall also attempt to obtain any information needed by the party preparing the E.I.S. that is on file with another agency or federal agency. The responsible official shall allow any private 'party preparing an LLS. access to all public records of the lead agency that are relevant to the subject matter of the E.I.S. 3. In the event the responsible official or his designee is preparing an E.I.S., the responsible official may require an applicant to provide data and infor- mation that is not in the possession of the county relevant to any or all areas to be covered by the E.I.S. 4. The E.I.S. and its contents are the responsibility of andmust be approved by the lead agency and responsible official prior to distribution. - 5. In all occasions of E.I.S. preparation, the applicant is encouraged to provide information to the responsible official. 7.30 Additional Elements to be Covered in an E.I.S.: The following additional elements are part of the environment for the purpose of E.I.S. con- tent, but do not add to the criteria for threshold determinations or perform any other function under this ordinance: (1) economy, (2) cultural factors, and (3) sociological factors. SECTION 8 LEGAL PROVISIONS 8.10 Severability: If any portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate portion of this ordinance, and such holding shall not affect the validity of the remaining portions. 8.20 Repealer: Jefferson County Ordinance No. 1-77 and associated pro- cedures are hereby repealed. 8.30 Effective Date: This ordinance shall become effective 7 : VOL . 7 ~Ac!:120 . . . ,.: I.. -t. .' ~ ~"'.' \ '-'iJi 8.40 Adoption: Jefferson Count1:/. Implementing Ordinance: State Environ- mentaL PoZicy Act (Ordinance No. 1-81) is hereby adopted by the Jefferson County Board of Cornnissioners this 19th day of Januaty, 1981. BoARD OF COMMISSIONERS OF JEfFERSON COUNTY, WASHINGTON !~ cl. Brown, Chai rman &.~~ A. .' 0 Meara, Member i ~~, /J1'1uwN, Catroll M. Mercer, Member 8 . : VOL , 7 ~GE121 i ! i i - i l3 l' (,' l {"y~,,' . (; ,c~/ _ ~ I .- /- 0-1 ;//9/'1/ ~vk..,_( .......' (;y 'e;:l i.-~ ..~'-'- NOTICE OF PUBLIC HEARING REGARDING THE ADOPTION OF A REVlSED JEFFERSON COUNTY IMPLEMENTING ORDINANCE: STATE ENVIRONMENTAL POLICY,ACT NOTICE IS HEREBY GIVEN that the Jefferson County Board of Commissioners will c:;onduct a publ ic hearing on January , 19 , 1981, 1981 at 11: 00' a..m. in the Commissioner's Chambers, Courthouse, Port Townsend, Washington, for the purpose of obtaining comments of all interested persons on the proposed adoption of the revised edition of the Jefferson County ImpLementing OTdinance: State environ- mental PoLicy Act. Any.person may submit oral or written comments at the public hearing with respect to the contents and adoption of this ordinance. Sections of the ordinance are presented below in full or in summary. Information pertaining to, and copies of, the proposed ordinance may be obtained from the Jefferson County Planning Depart- ment, Courthouse, Port Townsend, Washington, 98368, during regular business hours. TITLE: JEFFERSON COUNTY IMPLEMENTING ORDINANCE: · "STATE ENVIRONMENTAL POLICY ACT SECTION 1 PURPOSE (complete text): This ordinance establishes procedures . and guidelines for the systematic implementation of the Washington State Environmental Policy Act (S.LP'.A.),Chapter 43.21(C) Revised Code of ~Iashington (R.C.W.), and Guide- Lines Interpreting and Implementing S.E.P.A., Chapter 197-10 Washington State Adminis- trative Code (\~.A.C.), by,;Jefferson County. The County of Jefferson hereby adopts by reference the policies of S.E.P.A. expressed inR.C.W 43.21C.OI0, R.C.W. 43.21C.020, and R.C.W. 43.21C.060. SECTION 2 AUTHORITY (summary): This section states the Jefferson County Board of Commissioners possesses the authority, and may grant that authority to county departments, to deny or condition actions to mitigate or prevent adverse environmental impacts. SECTION 3 ADOPTION BY REFERENCE (summary): This section lists those sections and subsections ofthe,S.E.p.A. GUideUnes, the county adopts by reference. SECTION 4 ADDITIONAL DEFINITIONS (summary): This section lists definitions in addition to those contained in the S.E.P.A. GUidelines and adopteaby reference in Section 3 of the ordinance. SECTION 5 ENVIRONMENTAL SENSITIVE AREAS (surrmary): This section provides the means and procedures of establishing environmental sensitive areas pursuant to W.A.C. 197~10-177. SECTION 6 AmUNISTRATION (summary): Thi s section describes the admini strative procedures of the ordinance. SECTION 7 ENVIRONMENTAL CHECKLIST AND ENVIRONMENTAL IMPACT STATEMENT (summary): This section states the requirements for preparing an environmental checklist and an environmental impact statement (E.I.S.). VOL 7 fAGr 1 08 I SECTION 8 LEGAL PROVISIONS (sumnary): Thit section states the legal provisions of the ordinanc~. . T BOARD ~F COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON A.M. OfMEARA~ r.1efftber,a B. G. BROWN, <;hairman CARROL~ M. MERCER, MEMB.. e~/Jn I ~ , I r'l '. I ~ VOl 7 tAG~109 I ',' .',. ; I ~ ~ ~ ~ i ! l .1 ~ I I I J 1 l ! f ~ 1 " 1 j I 1 i 4 , i l 1 ~ 1 I f I ;' 3 ..:.~'. :' I ; '~ 4 \" f\\ ~\ j' .'", L \,,; " ".. --......-,..-...----.- '..... ..~_.,,~_......-.."_..,.-.. " I Affidavit of Publ ication STATE OF WASHINGTON) COUNTY OF.IEA<ERsoN) aa. FRANK W. GARIED. beN\g aworn. soya he ia lhe publisher of lhe Port TOWMeftd l.eadw. a weekly newspaper which hos Hen eatabIiaMd.puWiahotc,t In the english language and elteulal'" (_ ""'-'v... cwWMlcIy "''''Pllp " In the Iown of Port ToWMenCl. In IGid 0Iunty .... Slate. and ,CO' genwoI cif'culatlon In aaIcf _11 for _e ...... alx (6) montha prior 10 IIie dote of lhe flrsl publlcOo tlon of the NotIce "-to ottached. ancIlhal the said Port Town- send Leader _ an the 27th cloy of Ju.... 1941. approved aa a ...... ,......,1.-.., the SupwIor Court of said J~ County. .... .... ....... iii 0 true CIlIpy of the Notice of Public Hearing the adoption of a revised Jefferson County Implementing ordinance _ State Environmental policy act .. It.,.... In the..... and...tIre IHUe of'lICIIcf paper .... .... not In a ...,._" "*-of fora periad of two ~--.. b........._the 7+.h "of .JmmA"7 19 Al and~~the 14th, dayof Januar.i~ 19 81 ,andthataaldn_-..aper_AlllUfarlydistrlbuted 10 Ita aubac:rIIieG_.ri~a" of Ihh period. That the full amount of,.Lll.. has lIMn paid full. at the rote of $3.00 per cor- far -" .1nMrtIon. \\." "'\",\ I ji"l" : . ...\, , "'_:'. ,,' / , . \, )/~~~~~,"the,SlOteof "., W....InatM. ~ 01 Port T-.M ",.,,',j'/iT "i\l:~\~' '"! IJ.' :, . \ \\\\' I '. 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