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Home My WebLink About01 77 " ORDINANCE NO. /- 77 An ordinance establishing procedures for implementation of the State Environmental Policy Act (R.C.W. 43.21c) by Jefferson County and its various departments and offices. WHEREAS, the 1974 Washington State Legislature charged the Council on Environmental Policy (CEP) with the responsibility to adopt statewide guide- lines for the interpretation and implementation of the State Environmental Policy Act of 1971 (SEPA), and WHEREAS, those guidelines require that local governments adopt their own rules consistent with the SEPA Guidelines, NOW THEREFORE IT IS HEREBY ORDAINED, that for the purposes of compliance with said state guidelines and statutes, that the following shall constitute Jefferson County's SEPA Guidelines. SECTION I - POLICIES AND AUTHORITY The'County of Jefferson hereby adopts by reference the policies of the State Environmental Policy Act expressed in Chapter 43.21c.010 and Chapter 43.21c.020, Revised Code of Washington. SECTION II - SUBSTANTIVE EFFECT The County of Jefferson hereby possesses the authority to deny or condi- tion actions so as to mitigate or prevent adverse environmental impacts. This J authority applies to all actions as defined in this ordinance, as well as to activities which are categorically exempted or excluded from the definition of an action, whether or not such activities are ministerial in nature. SECTION III - ADOPTION BY REFERENCE Jefferson County hereby adopts by reference the following sections or subsections of Chapter 197-10 of the Washington Administrative Code (the "SEPA Guidelines" adopted by the State of Washington, Council on Environmental Policy): WAC 197-10-040: Definitions. -060: Scope of a Proposal and its Impacts. 1. ,.vOL 3 PAGE ~ 018&3 .'~ -160: -170: -175: -180: -200: -203: -205: -210: -215: -220: -225: -230: -235: -240: -245: -260: -270: -300: -305: -310: -330: -340: -345: -350: -355: -360: 2. No Presumption of Significance for Non-Exempt Actions. Categorical Exemptions. Exemptions and Non-Exemptions Applicable to Specific State Agencies. Exemptions for Emergency Actions. Lead Agency - Responsibilities. Determination of Lead Agency - Procedures. Lead Agency Designation - Governmental Proposals. Lead Agency Designation - Proposals involving Both Private and Public Construction. Lead Agency Designation - Private Projects for Which There is Only One Agency. Lead Agency Designation - Private Projects, Licenses From More than One Agency When One is Jefferson County. Lead Agency Designation - Private Projects, License From More than One State Agency. Lead Agency Designation - Specific Proposals. Local Agency Transfer of Lead Agency Status to a State Agency. Agreements as to Lead Agency Status. Agreements Between Agencies as to Division of Lead Agency Duties. Dispute as to Lead Agency Determination - Resolution by the Department of Ecology. Assumption of Lead Agency by Another Agency with Jurisdiction. Threshold Determination Requirement. Recommended Timing for Threshold Determination. Threshold Determination Procedures - Environmental Checklist. Threshold Determination Procedures - Information in Addition to Checklist. Threshold Determination Procedures- Negative Declaration. Assumption of Lead Agency Status by Another Agency with Juris- diction - Prerequisites, Effect and Form of Notice. Affirmative Threshold Determinations. Form of Declaration of Significance/Non-Significance. Threshold Determination Criteria - Application of Environmental Checklist. "VOL 3 fAGE ~tD1_ -365: -370: -375: -390: -400: -410: -425: -440: -442: -444: -450: -455: -460: -465: -470: -480: -485: -490: -495: -500: -510: -520: -530: -535: -540: -545: -550: -570: Environmental Checklist. Withdrawal of Affirmative Threshold Determination. ~Jithdrawal of Negative Threshold Determination. Effect of Threshold Determination of Lead Agency. Duty to Begin Preparation of Draft EIS. Pre-Draft Consultation Procedures. Organization and Style of Draft EIS. Contents of a Draft EIS. Special Considerations Regarding Contents of an EIS. List of Elements of the Environment. Public Awareness of Availability of Draft EIS. Circulation of Draft EIS - Review Period. Specific Agencies to Which Draft EIS Shall be Sent. Agencies Possessing Environmental Expertise. Costs to the Public for Reproduction of Environmental Docu- ments. Public Hearing on a Proposal - When Required. Notice of Public Hearing on Environmental Impact of the Proposal. Public Hearing on the Proposal - Use of Environmental Docu- ment. Preparation of Amended or New Draft EIS. Responsibilities of Consulted Agencies - Local Agencies. Responsibilities of Consulted Agencies - State Agencies with Juri sdi citon. Responsibilities of Consulted Agencies - State Agencies with Environmental Expertise. Responsibilities of Consulted Agencies - When Pre-Draft Consultation has Occurred. Cost of Performance of Consulted Agency Responsibilities. Limitations on Responses to Consultation. Effect of No Written Comment. Preparation of the Final EIS - Time Period Allowed. Preparation of Final EIS - When no Critical Comments Received on the Draft EIS. 3. .' VOL 3 fAGE ~~01065 -580: Preparation of the Final EIS - Contents - When Ciritcal Comments Received on Draft EIS. -600: Circulation of the Final EIS. -650: Effect of an Adequate Final EIS Prepared Pursuant to NEPA. -652: Supplementation by a Lead Agency of an Inadequate Final NEPA EIS. -660: Use of Previously Prepared EIS for a Different Proposed Action. -690: Use of a Lead Agency's ElS by Other Acting Agencies for the Same Proposal. -695: Draft and Final Supplements to a Revised EIS. -700: No Action for Seven Days After Publication of the Final EIS. -710: EIS Combined with Existing Planning and Review Processes. -830: Responsibilities of Agencies - SEPA Public Information Center. -835: Regional SEPA Public Information Centers. -840: Application of Agency Guidelines to Ongoing Actions. SECTION IV - ADDITIONAL DEFINITIONS In addition to those definitions contained within WAC 197-10-040 (the "SEPA Guidelines"), the following terms shall have the following meanings, unless the context indicates otherwise: 1. "Department" means any division, subdivision or organizational unit of Jefferson County, established by ordinance, rule, or order. 2. "SEPA Guidelines" means Chapter 197-10 W,.A.C. adopted by the Council on Environmental Policy. 3. "County" means Jefferson County. 4. "Day(s)" shall mean calendar day(s). SECTION V - ENVIRONMENTAL SENSITIVE AREAS 1. Environmentally sensitive areas may be designated by Jefferson County. Maps designating such areas, together with the exemptions from those listed. in WAC 197-10-177(2) which are inapplicable in such area, shall be filed with the Jefferson County Planning Department and shall have full force and effect of law as of the date of adoption. 4. . VOL 3 PAGE ~01066 . 2. Major actions which will be located wholly or partially within an environ- mentally sensitive area are to be treated no differently than other major actions under these guidelines. A threshold determination shall be made for all such actions, however, an EIS shall not be automatically required for a proposal merely because it is proposed for location in an environmentally sensitive area. 3. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. SECTION VI - USE OF CATEGORICAL EXEMPTIONS 1. Each department which receives an application fora license or each depart- ment which initiates a governmental proposal shall determine whether or not the action is exempt from SEPA under the provisions of WAC 197-10-170. Although such determination by a department is generally final, it may be subject to administrative review upon application to the Board of County Commissioners. 2. A department which is determining whether or not a proposal is exempt shall ascertain the total scope of the proposal and the governmental licenses required. If a proposal includes a series of actions, physically or function- ally related to each other, some of which are exempt and some which are not, the proposal is not exempt. For any such proposal, the lead agency shall be determined, even if the license application which initiates the department's consideration is otherwise exempt. 3. If the proposal includes a series of exempt actions which are physically or functionally related to each other, but which together may have a Significant environmental impact, the proposal is not exempt. 4. If it is determined that a proposal is exempt, none of the procedural require- ments of these guidelines apply to the proposal. No environmental checklist shall be required for an exempt proposal. SECTION VII - DESIGNATIONS OF RESPONSIBLE OFFICIAL 1. For those proposals for which the County is the lead agency, the responsible official shall be (a) the County department or office who is the primary sponsor of the project or (b) the County department or office which first receives an application for 5. VOL 3 PAGE ~~' .. , .il a permit, license, or official approval for a private project. 2. The responsible official shall assist the Board of County Commissioners in making the threshold determination, supervise preparation of any required EIS, and perform any other functions assigned to the "lead agency" or "responsible official" by those sections of the SEPA Guide- lines which were adopted by reference in WAC l73-805-020 hereof, for all proposals for which the County is the lead agency. SECTION VIII - DESIGNATION OF OFFICIAL TO PERFORM CONSULTED AGENCY RESPONSI- BILITIES FOR THE COUNTY l. The following department shall be responsible for the coordination of the written comments for the County in response to a consulatation request prior to a threshold determination, participation in predraft consulta- tion, or reviewing a draft EIS: Jefferson County Planning Department. 2. The official designated in paragraph (l) hereof shall be responsible for compliance by the County with WAC 197-l0-500 through -540 wherever the County is a consulted agency, and is hereby authorized to develop operat- ing procedures which will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the County. SECTION IX - LEAD AGENCY DETERMINATION AND RESPONSIBILITIES l. Any department receiving or initiating a proposal, any portion of which involves a major action, shall determine the lead agency for that pro- posal pursuant to the criteria set forth in section WAC 197-l0-205 through -270, using the procedures of WAC 197-l0-203. This determina- tion 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 department or agency is in the process of determining the lead agency. NOTE: A lead agency must be an agency with jurisdiction. 2. In those instances in which the County is not the lead agency under the criteria of WAC 197-l0-205 through -270, all departments subject to the limitations of WAC 197-l0-390, -660, and -690 shall utilize and consider as appropriate either the declaration of non-significance or the final EIS of the lead agency in conjunction with the decisions of the County 6. VOL 3 PAGE ~il1.0fi8 on the proposal. In such instances, no department shall prepare or require preparation of a declaration of non-significance or EIS in addition to that prepared by the lead agency. 3. In the event that the County or any department thereof receives a lead agency determination made by another agency which does not appear to be in accord with the criteria of WAC 197-l0-205 through -245 it may object thereto. Any such objection must be made and resolved within fifteen (l5) days of receipt of the determination, or the County must petition the Department of Ecology for a lead agency determination pursuant to WAC 197-l0-260 within the fifteen (l5) day time period. Any such peti- tion on behalf of the County shall be initiated by the Board of County Commissioners. 4. Departments are authorized to make agreements as to lead agency status pursuant to WAC 197-l0-240 and WAC 197-l0-245: PROVIDED, That any such agreement involving assumption of lead agency status by the County will first be approved by the Board of County Commissioners and that any department which will incur responsibilities as a result of any such agreement will approve the agreement. 5. Any department making a lead agency determination for a private project shall require sufficient information from the applicant to ascertain which other agencies have jurisdiction over the proposal. SECTION X - TRANSFER OF LEAD AGENCY STATUS TO A STATE AGENCY For any proposal for a private project where the County would be the lead agency and for which one or more state agencies have jurisdiction, the Board of County Commissioners may elect to transfer the lead agency duties to the state agency with jurisdiction appearing first on the priority listing in WAC 197-l0-225. In such event, the state agency so determined shall be the lead agency and the County shall be an agency with jurisdiction. Transfer is accomplished by the Board of County Commissioners transmitting a notice of the transfer together with any relevant information available on the pro- posal to the appropriate state agency with jurisdiction. Jefferson County shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. 7. VOL 3 PAGE ~01009 SECTION XI - ENVIRONMENTAL CHECKLIST l. Except as provided in WAC 197-l0-300(2) a completed environmental check- list, or copy thereof, substantially in the form provided in WAC 197-l0- 365 shall be filed at the same time as an application for a permit, license, certificate, or other entitlement for use not specifically exempted herein, and at the time of initiation of the County sponsored project. This check- list shall be the basis for a determination by the County as to lead agency status and if the County is determined to be the lead agency, then for the threshold determination. 2. For all proposals for which the County is the lead agency. The Board of County Commissioners, with the assistance of the applicable responsible official shall make the threshold determination pursuant to the criteria and procedures of WAC 197-l0-300 through -365. SECTION XII - PREPARATION OF EIS l. The draft and final EIS shall be prepared either by Jefferson County or by a private applicant or a consultant retained by the private applicant or the County. Private applicants shall participate in the preparation of an environmental impact statement when (a) written agreement is made between Jefferson County and the private applicant, authorizing the private appli- cant to prepare a draft and/or final EIS, (b) written agreement is made between Jefferson County and the private applicant authorizing the private applicant to retain a private consultant for the preparation of a draft and/or final EIS, (c) written agreement is made between Jefferson County and the private applicant to jointly prepare a draft and/or final EIS, and (d) written agreement is made between Jefferson County and the private applicant to jointly retain a private consultant to prepare a draft and/or final EIS. In the event the County and the private applicant determine that the applicant will partici- pate in the preparation of an EIS, written agreement shall be made immediately after completion of the threshold determination. 2. In the event that an EIS is to be prepared by a private applicant or a con- sultant the responsible official shall assure that the EIS is prepared in a responsible 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 EIS which is on file with another agency or federal agency. The responsible official shall allow any private party preparing an EIS access to all public records of the lead agency which are relevant to the subject matter of the EIS. 8. VOL 3 PAGE ~01090 3. In the event that the responsible official or his designee is preparing an EIS, the responsible official may require a private applicant to provide data and information which is not in the possession of the County relevant to any or all areas to be covered by the EIS. 4. No matter who participates in the preparation of an EIS, it must be approved by the Board of County Commissioners prior to distribition. 5. In all occasions of EIS preparation the applicant is encouraged to provide information to the responsible official. SECTION XIII - ADDITIONAL ELEMENTS TO BE COVERED IN AN EIS The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determina- tions or perform any other function or purpose under these rules: l. Economy. 2. Cultural factors. 3. Sociological factors. SECTION XIV - SEPA PUBLIC INFORMATION CENTER l. The following location constitutes the County's SEPA public information center: Jefferson County Planning Department County Courthouse Port Townsend, WA 98368 Telephone: (206) 385-l427 2. All reasonable means will be used to make the existence and location of the County's SEPA public information center known to both the public generally and the employees of the County. 3. The SEPA public information center shall contain the documents and provide services required by WAC 197-l0-830. SECTION XV - FEES l. Environmental Impact Statements: (a) For all proposals requiring an EIS for which the County is the lead agency and for which the Board of County Commissioners determines that the EIS shall be prepared by employees of the County, the County may charge and collect a reasonable fee from any applicant to cover costs incurred by the County in the preparation, publication, and circulation of an EIS. If it is determined that an EIS is required, applicants 9. VOL 3 PAGE ~ 01011 ,.... . /~ shall be advised of estimated costs of the statement prior to actual preparation and may be required to post bond or otherwise insure payment of such costs. (b) The County Commissioners may determine that the County will contract directly with a consultant for preparation of environmental documents for activities initiated by some persons or entity other than the County and may bill such costs and expenses directly to the applicant. Such consultants shall be elected by mutual agreement of the County and applicant. Applicants may be required to post bond or otherwise insure payment of such costs. (c) In the event that a proposal is modified so that an EIS is no longer required, the County shall refund any costs collected under (a) and (b) of this section which were collected for costs no incurred by the County. 2. No fee shall be collected by the County for performing its duties as a consulted agency. 3. The SEPA public information center of the County is hereby authorized to charge periodic fees for the service of mailing registers and register updates. Such fees shall be reasonably related to the costs of reproduction and mailing of registers and updates. 4. The County may charge any person for copies of any document prepared pursu- ant to the requirements of this ordinance, and for mailing thereof, in a manner not contrary to Chapter 42.l7, R.C.W. SECTION XVI - NOTICE/STATUTE OF LIMITATIONS l. The County, applicant for, or proponent of an action may publish notice of action pursuant to R.C.W. 42.2lc.080 for any action. 2. The form of the notice shall be as prescribed by the Department of Ecology and/or substantially in the form and manner set forth in R.C.W. 43.2lc.080. The notice shall be published pursuant to R.C.W. 43.2lc.080. SECTION XVII - SEVERABILITY If any provision of this ordinance or its application to any person or circumstances is held invalid, the remainder of this ordinance, or the applica- tion of the provision to other persons or circumstances, shall not be affected. lO. VOL 3 PAGE ~010"2 . J , . SECTION XVIII - ADOPTION Adopted by the Board of County Commissioners of Jefferson County this ~day of August, 1977. .' rr1~.,"-, " ' l~ , , ~, r, -"'''-:-1 "T i, " '~t' ,. / .. " . ,,' .. lot '-.e Ill' .~- ' ,,:,' ~ . ( .' ',,', ~,., ~ .\~. ~ ~~/.~ '. \ ) .. ;'G ", "/ >> "" . 1,' ~..-:, _ 4'... ~ J VII CA l '. 't,; t, ,,;'{r~' .;j ; / ~. .......,..,,' "," -,.... ,'. -. ,- ,-" 'II - .. ~ : -". . . , _, \",- \ ''', I . . '~~<~'''~';~j ..... "~'_ ~.~7' - ."' ~ . '" -.. . . -\ t.f.tOH t(l', ATTEST: VOL BOARD OF COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON r!a.414ff-/Jn, ~ > Carroll M. Mercer, Chairman ~~ B. G. Brown, Member If:. ~~U~ A. . 0 I ea , em er 3 PAGE ~~~073 ll. '. I .~ , t'Dt1Aj I I / ))' , ,.,/)", PUBU C NOn CE INTENT TO ADOPT ORDINANCE BY JEFFERSON COUNTY Notice is hereby given that Jefferson County is considering adoption of specific portions of WAC 197-l0, the guidelines of the Department of Ecology for implementation of the State Environmental Policy Act of 1971 ,(RCW 43.2lC). This Ordinance is summarized as follows: The proposed Jefferson County Ordinance referred to above is divided into two parts. The first part con- tains a list of the required mandatory portions of the Guidelines (WAC 197-l0) by the Council on Environmental Policy (CEP). This part includes sections on: Selection and responsibilities of a lead agency, governmental actions exempt from SEPA procedures, determinations of significant or non-significant impacts, impact statement contents, public hearings, consultation with agencies with jurisdiction or special expertise, use of federal impact statements in the SEPA process and public notification through the SEPA public information centers. The second part of the proposed Ordinance includes portions of the SEPA Guidelines which establish County administrative responsibilities and proced- ures. These portions include the designation of responsible County officials, preparation of environmental impact statements, establishing a public informa- tion center for the County, and fees. VOL 3 PAGE u ., -.- 01074 -~~ r~ SECTION XVIII - ADOPTION Adopted by the Board of County Commissioners of Jefferson County this _ day of , 1977. BOARD OF COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON All interested persons who may have questions or wish to inspect the guidelines in their entirety may do so at the office of Jefferson County Planning Department at the County Courthouse, Port Townsend, Washington. The guidelines are also available for inspection at the City Library. A public hearing in this matter will be held at ll:OOa.m. on August l5, 1977, for the purpose of taking public testimony from interested parties. Written testimony will be taken at any time by writing to the Board of County Commissioners, County Courthouse, Port Townsend, WA 98368 Board of County Commissioners a NJAI/ &1, ~/V(M Carroll M. Mercer, Cha~rmarl B.~/ / a'~AA A. M. O'Meara, ember VOL 3 PAGE ~:010?5 ..-/ ~~1- !11'~~\d1 l '\, 7?;J~7~~ ,y-~ "--' .?f/I-'?? d'~ ~~ PUBLI C NOn CE INTENT TO ADOPT ORDINANCE BY JEFFERSON COUNTY Notice is hereby given that Jefferson County is considering adoption of specific portions of WAC 197-10, the guidelines of the Department of Ecology for implementation of the State Environmental Policy Act of 1971 ,(RCW 43.21C). This Ordinance is summarized as follows: The proposed Jefferson County Ordinance referred to above is divided into two parts. The first part con- tains a list of the required mandatory portions of the Guidelines (WAC 197-10) by the Council on Environmental Policy (CEP). This part -includes sections on: Selection and responsibilities of a lead agency, governmental actions exempt from SEPA procedures, determinations of significant or non-significant impacts, impact statement contents, public hearings, consultation with agencies with jurisdiction or special expertise, use of federal impact statements in the SEPA process and public notification through the SEPA public information centers. i-I The second part of the proposed Ordinance includes portions of the SEPA Guidelines which establish County administrative responsibilities and proced- ures. These portions include the designation of responsible County officials, preparation of environmental impact statements, establishing a public informa- tion center for the County, and fees. (Ordinance printed in total) .. VOL 3 PACE 1032- SECTION XVIII - ADOPTION Adopted by the Board of County Commissioners of Jefferson County this ____ day of , 1977. BOARD OF COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON All interested persons who may have questions or wish to inspect the guidelines in their entirety may do so at the office of Jefferson County Planning Department at the County Courthouse, Port Townsend~ Washington. The guidelines are also available for inspection at the City Library. A public hearing in this matter will be held at ll:OOa.m. on August 15, 1977, for the purpose of taking public testimony from interested parties. Written testimony will be taken at any time by writing to the Board of County Cowmissioners, County Courthouse, Port Townsend, WA 98368 Board of County Commissioners (21)fl/l~tJ14n , Iffll/I-1'.L/1 Carroll M. Mercer,' Chairmarr '" B. G. Brown, Member Q g'/ I . _, 1/')'#'::' /' ~<< ~l1/l<t A. M. O'Meara, Member .-/ ... VOL' 3 PACE103S