The city of Rainier adopts this division under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and SEPA rules, WAC 197-11-904. The SEPA rules of Chapter 197-11 WAC must be used in conjunction with this division. (Ord. 548 § 2 (Exh. D) (part), 2007)

This chapter contains the basic requirements that apply to the SEPA process. The city adopts the following sections of Chapter 197-11 WAC by reference:

WAC

197-11-040    Definitions.

197-11-050    Lead agency.

197-11-055    Timing of the SEPA process.

197-11-060    Content of environmental review.

197-11-070    Limitations on actions during SEPA process.

197-11-080    Incomplete or unavailable information.

197-11-090    Supporting documents.

197-11-100    Information required of applicants.

197-11-158    GMA project review, reliance on existing plans and regulations.

197-11-210    SEPA/GMA integration.

197-11-220    SEPA/GMA definitions.

197-11-228    Overall SEPA/GMA integration procedures.

197-11-230    Timing of an integrated GMA/SEPA process.

197-11-232    SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.

197-11-235    Documents.

197-11-238    Monitoring.

197-11-250    SEPA/Model Toxics Control Act integration.

197-11-253    SEPA lead agency for MTCA actions.

197-11-256    Preliminary evaluation.

197-11-259    Determination of nonsignificance for MTCA remedial actions.

197-11-262    Determination of significance and EIS for MTCA remedial actions.

197-11-265    Early scoping for MTCA remedial actions.

197-11-268    MTCA interim actions.

(Ord. 548 § 2 (Exh. D) (part), 2007)

In addition to those definitions contained within WAC 197-11-220 and 197-11-700 through 197-11-799, when used in this division, the following terms shall have the following meanings, unless the context indicates otherwise:

“City” means the city of Rainier.

“County” means Thurston County.

“Early notice” means the city’s response to an applicant stating whether the city considers issuance of a determination of significance (DS) likely for the applicant’s proposal.

“Ordinance” means this division, and may include any city ordinance, resolution, or other procedure used by Rainier to adopt regulatory requirements.

“SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology. (Ord. 548 § 2 (Exh. D) (part), 2007)

A.    For proposals for which the city is the lead agency, the responsible official shall be the mayor or mayor’s designee.

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 EIS, and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rules adopted by reference in this chapter.

C.    The city shall retain all documents required by the SEPA rules, and shall make them available to the public in accordance with Chapter 42.17 RCW. (Ord. 548 § 2 (Exh. D) (part), 2007)

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 preparations 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 it finds it to be required under criteria of 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 to it to be inconsistent with the criteria of WAC 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 be resolved within fifteen (15) days of receipt of the determination, or the city can, within such fifteen (15) day period, petition the Department of Ecology for a lead agency determination under WAC 197-11-946. Any such petition on behalf of the city shall be initiated by the responsible 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.

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.

G.    When the city of Rainier is lead agency for an 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 the Department of Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency. (Ord. 548 § 2 (Exh. D) (part), 2007)

A.    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 transfer the lead agency duties to the 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.

B.    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 shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 548 § 2 (Exh. D) (part), 2007)

For nonexempt proposals, the final EIS for the proposal shall accompany the city staff recommendations to any appropriate advisory body, such as the planning commission, or city council. (Ord. 548 § 2 (Exh. D) (part), 2007)

This chapter 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 chapter also contains rules for evaluating the impacts of proposals not requiring an EIS. The city adopts the following sections of the SEPA rules by reference, as supplemented in this part:

WAC

197-11-300    Purpose of this part, relating to categorical exemptions and threshold determinations.

197-11-305    Categorical exemptions.

197-11-310    Threshold determination required.

197-11-315    Environmental checklist.

197-11-330    Threshold determination process.

197-11-335    Additional information.

197-11-340    Determination of nonsignificance (DNS).

197-11-350    Mitigated DNS.

197-11-360    Determination of significance (DS)/initiation of scoping.

197-11-390    Effect of threshold determination.

(Ord. 548 § 2 (Exh. D) (part), 2007)

A.    The city of Rainier establishes the following exempt levels for minor new construction not occurring in a critical area or associated buffer that are less than:

1.    For residential dwelling units in WAC 197-11-800(1)(b)(i): up to four dwelling units.

2.    For agricultural structures in WAC 197-11-800(1)(b)(ii): those containing up to ten thousand (10,000) square feet.

3.    For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii): up to four thousand (4,000) square feet and up to twenty (20) parking spaces.

4.    For parking lots in WAC 197-11-800(1)(b)(iv): up to twenty (20) parking spaces.

5.    For landfills and excavations in WAC 197-11-800(1)(b)(v): up to one hundred (100) cubic yards, using the following lot size sliding scale:

a.    Up to one-half-acre lot = twenty-five (25) cubic yards.

b.    One-half- to one-acre lot = fifty (50) cubic yards.

c.    One- to two-acre lot = seventy-five (75) cubic yards.

d.    Over two-acre lot = one hundred (100) cubic yards.

B.1.    In addition to the exempt levels established in subsection (A) of this section, the following proposed actions shall be categorically exempt from threshold determination and EIS requirements subject to the rules and limitations on categorical exemptions contained in WAC 197-11-305: WAC 197-11-800(1)(b) (as modified above).

2.    Other Minor New Construction. The following types of construction shall be exempt except where undertaken wholly or in part on lands covered by water (unless specifically exempted in this subsection); the exemptions provided by this section shall apply to all licenses required to undertake the construction in question, except where a rezone or any license governing emissions to the air or discharges to water is required:

a.    The construction or designation of bus stops, loading zones, shelters, access facilities and pull-out lanes for taxicabs, transit and school vehicles.

b.    The construction and/or installation of commercial on-premises signs, and public signs and signals.

c.    The construction or installation of minor road and street improvements such as pavement marking, freeway surveillance and control systems, railroad protective devices (not including grade-separated crossings), grooving, glare screen, safety barriers, energy attenuators, transportation corridor landscaping (including the application of Washington State Department of Agriculture approved herbicides by licensed personnel for right-of-way weed control as long as this is not within watersheds controlled for the purpose of drinking water quality in accordance with WAC 248-54-660), temporary traffic controls and detours, correction of substandard curves and intersections within existing rights-of-way, widening of a highway by less than a single lane width where capacity is not significantly increased and no new right-of-way is required, adding auxiliary lanes for localized purposes (weaving, climbing, speed change, etc.), where capacity is not significantly increased and no new right-of-way is required, channelization and elimination of sight restrictions at intersections, street lighting, guard rails and barricade installation, installation of catch basins and culverts, and reconstruction of existing roadbed (existing curb-to-curb in urban locations), including adding or widening of shoulders, addition of bicycle lanes, paths and facilities, and pedestrian walks and paths, but not including additional automobile lanes.

d.    Grading, excavating, filling, septic tank installations, and landscaping necessary for any building or facility exempted by subsections (B)(2)(a) and (b) of this section, as well as fencing and the construction of small structures and minor facilities accessory thereto.

e.    Additions or modifications to or replacement of any building or facility exempted by subsections (B)(2)(a) and (b) of this section when such addition, modification or replacement will not change the character of the building or facility in a way that would remove it from an exempt class.

f.    The demolition of any structure or facility, the construction of which would be exempted by subsections (B)(2)(a) and (b) of this section, except for structures or facilities with recognized historical significance.

g.    The installation of impervious underground tanks, having a capacity of ten thousand (10,000) gallons or less.

h.    The vacation of streets or roads.

i.    The installation of hydrological measuring devices, regardless of whether or not on lands covered by water.

j.    The installation of any property, boundary or survey marker, other than fences, regardless of whether or not on lands covered by water.

3.    Repair, Remodeling and Maintenance Activities. The following activities shall be categorically exempt: the repair, remodeling, maintenance, or minor alteration of existing private or public structures, facilities or equipment, including utilities, involving no material expansions or changes in use beyond that previously existing; except that, where undertaken wholly or in part on lands covered by water, only minor repair or replacement of structures may be exempt (examples include repair or replacement of piling, ramps, floats, or mooring buoys, or minor repair, alteration, or maintenance of docks). The following maintenance activities shall not be considered exempt under this subsection:

a.    Dredging;

b.    Reconstruction/maintenance of groins and similar shoreline protection structures; or

c.    Replacement of utility cables that must be buried under the surface of the bedlands.

Repair/rebuilding of major dams, dikes, and reservoirs shall also not be considered exempt under this subsection.

4.    Water Rights. Appropriations of one cubic foot per second or less of surface water, or of two thousand two hundred fifty (2,250) gallons per minute or less of groundwater, for any purpose. The exemption covers not only the permit to appropriate water, but also any hydraulics permit, shoreline permit or building permit required for a normal diversion or intake structure, well and pumphouse reasonably necessary to accomplish the exempted appropriation, and including any activities relating to construction of a distribution system solely for any exempted appropriation.

5.    Purchase or Sale of Real Property. The following real property transactions by an agency shall be exempt:

a.    The purchase or acquisition of any right to real property.

b.    The sale, transfer or exchange of any publicly owned real property, but only if the property is not subject to an authorized public use.

c.    The lease of real property when the use of the property for the term of the lease will remain essentially the same as the existing use, or when the use under the lease is otherwise exempted by this chapter.

6.    Minor Land Use Decisions. The following land use decisions shall be exempt:

a.    Except upon lands covered by water, the approval of short plats or short subdivisions pursuant to the procedures required by RCW 58.17.060, but not including further short subdivisions or short platting within a plat or subdivision previously exempted under this subsection.

b.    Granting of variances based on special circumstances, not including economic hardship, applicable to the subject property, such as size, shape, topography, location or surroundings and not resulting in any change in land use or density.

c.    Classifications of land for current use taxation under Chapter 84.34 RCW, and classification and grading of forest land under Chapter 84.33 RCW.

7.    Open Burning. Open burning and the issuance of any license for open burning shall be exempt. The adoption of plans, programs, objectives or regulations by any agency incorporating general standards respecting open burning shall not be exempt.

8.    Clean Air Act. The granting of variances under RCW 70.94.181 extending applicable air pollution control requirements for one year or less shall be exempt.

9.    Water Quality Certifications. The granting or denial of water quality certifications under the federal Clean Water Act (federal Water Pollution Control Act amendments of 1972, 33 U.S.C. 1341) shall be exempt.

10.    Activities of the State Legislature. All actions of the State Legislature are exempted. This subsection does not exempt the proposing of legislation by an agency (WAC 197-11-704).

11.    Judicial Activity. The following shall be exempt:

a.    All adjudicatory actions of the judicial branch.

b.    Any quasi-judicial action of any agency if such action consists of the review of a prior administrative or legislative decision. Decisions resulting from contested cases or other hearing processes conducted prior to the first decision on a proposal or upon any application for a rezone, conditional use permit or other similar permit not otherwise exempted by this chapter are not exempted by this subsection.

12.    Enforcement and Inspections. The following enforcement and inspection activities shall be exempt:

a.    All actions, including administrative orders and penalties, undertaken to enforce a statute, regulation, ordinance, resolution or prior decision. No license shall be considered exempt by virtue of this subsection; nor shall the adoption of any ordinance, regulation or resolution be considered exempt by virtue of this subsection.

b.    All inspections conducted by an agency of either private or public property for any purpose.

c.    All activities of fire departments and law enforcement agencies except physical construction activity.

d.    Any action undertaken by an agency to abate a nuisance or to abate, remove or otherwise cure any hazard to public health or safety. The application of pesticides and chemicals is not exempted by this subsection but may be exempted elsewhere in these guidelines. No license or adoption of any ordinance, regulation or resolution shall be considered exempt by virtue of this subsection.

e.    Any suspension or revocation of a license for any purpose.

13.    Business and Other Regulatory Licenses. The following business and other regulatory licenses are exempt:

a.    All licenses to undertake an occupation, trade or profession.

b.    All licenses required under electrical, fire, plumbing, heating, mechanical, and safety codes and regulations, but not including building permits.

c.    All licenses to operate or engage in amusement devices and rides and entertainment activities, including but not limited to cabarets, carnivals, circuses and other traveling shows, dances, music machines, golf courses, and theaters, including approval of the use of public facilities for temporary civic celebrations, but not including licenses or permits required for permanent construction of any of the above.

d.    All licenses to operate or engage in charitable or retail sales and service activities, including but not limited to peddlers, solicitors, secondhand shops, pawnbrokers, vehicle and housing rental agencies, tobacco sellers, close-out and special sales, fireworks, massage parlors, public garages and parking lots, and used automobile dealers.

e.    All licenses for private security services, including but not limited to detective agencies, merchant and/or residential patrol agencies, burglar and/or fire alarm dealers, guard dogs, locksmiths, and bail bond services.

f.    All licenses for vehicles for-hire and other vehicle-related activities, including but not limited to taxicabs, ambulances, and tow trucks; provided, that regulation of common carriers by the utilities and transportation commission shall not be considered exempt under this subsection.

g.    All licenses for food or drink services, sales, and distribution, including but not limited to restaurants, liquor, and meat.

h.    All animal control licenses, including but not limited to pets, kennels, and pet shops. Establishment or construction of such a facility shall not be considered exempt by this subsection.

i.    The renewal or reissuance of a license regulating any present activity or structure so long as no material changes are involved.

14.    Activities of Agencies. The following administrative, fiscal and personnel activities of agencies shall be exempt:

a.    The procurement and distribution of general supplies, equipment and services authorized or necessitated by previously approved functions or programs.

b.    The assessment and collection of taxes.

c.    The adoption of all budgets and agency requests for appropriation; provided, that if such adoption includes a final agency decision to undertake a major action, that portion of the budget is not exempted by this subsection.

d.    The borrowing of funds, issuance of bonds, or applying for a grant and related financing agreements and approvals.

e.    The review and payment of vouchers and claims.

f.    The establishment and collection of liens and service billings.

g.    All personnel actions, including hiring, terminations, appointments, promotions, allocations of positions, and expansions or reductions in force.

h.    All agency organization, reorganization, internal operational planning or coordination of plans or functions.

i.    Adoptions or approvals of utility, transportation and solid waste disposal rates.

j.    The activities of school districts pursuant to desegregation plans or programs; however, construction of real property transactions or the adoption of any policy, plan or program for such construction of real property transaction shall not be considered exempt under this subsection.

15.    Financial Assistance Grants. The approval of grants or loans by one agency to another shall be exempt, although an agency may at its option require compliance with SEPA prior to making a grant or loan for design or construction of a project. This exemption includes agencies taking nonproject actions that are necessary to apply for federal or other financial assistance.

16.    Local Improvement Districts. The formation of local improvement districts, unless such formation constitutes a final agency decision to undertake construction of a structure or facility not exempted under WAC 197-11-800 and 197-11-880.

17.    Information Collection and Research. Basic data collection, research, resource evaluation, requests for proposals (RFPs), and the conceptual planning of proposals shall be exempt. These may be strictly for information-gathering, or as part of a study leading to a proposal that has not yet been approved, adopted or funded; this exemption does not include any agency action that commits the agency to proceed with such a proposal. (Also see WAC 197-11-070.)

18.    Acceptance of Filings. The acceptance by an agency of any document or thing required or authorized by law to be filed with the agency and for which the agency has no discretionary power to refuse acceptance shall be exempt. No license shall be considered exempt by virtue of this subsection.

19.    Procedural Actions. The proposal or adoption of legislation, rules, regulations, resolutions or ordinances, or of any plan or program relating solely to governmental procedures, and containing no substantive standards respecting use or modification of the environment shall be exempt. Agency SEPA procedures shall be exempt.

20.    Building Codes. The adoption by ordinance of all codes as required by the State Building Code Act (Chapter 19.27 RCW).

21.    Adoption of Noise Ordinances. The adoption by counties/cities of resolutions, ordinances, rules or regulations concerned with the control of noise which do not differ from regulations adopted by the Department of Ecology under Chapter 70.107 RCW. When a county/city proposes a noise resolution, ordinance, rule or regulation, a portion of which differs from the applicable state regulations (and thus requires approval of the Department of Ecology under RCW 70.107.060(4)), SEPA compliance may be limited to those items which differ from state regulations.

22.    Review and Comment Actions. Any activity where one agency reviews or comments upon the actions of another agency or another department within an agency shall be exempt.

23.    Utilities. The utility-related actions listed below shall be exempt, except for installation, construction, or alteration on lands covered by water. The exemption includes installation and construction, relocation when required by other governmental bodies, repair, replacement, maintenance, operation or alteration that does not change the action from an exempt class.

a.    All communications lines, including cable TV, but not including communication towers or relay stations.

b.    All stormwater, water and sewer facilities, lines, equipment, hookups or appurtenances including, utilizing or related to lines eight inches or less in diameter.

c.    All electric facilities, lines, equipment or appurtenances, not including substations, with an associated voltage of fifty-five thousand (55,000) volts or less; and the overbuilding of existing distribution lines (fifty-five thousand (55,000) volts or less) with transmission lines (more than fifty-five thousand (55,000) volts); and the undergrounding of all electric facilities, lines, equipment or appurtenances.

d.    All natural gas distribution (as opposed to transmission) lines and necessary appurtenant facilities and hookups.

e.    All developments within the confines of any existing electric substation, reservoir, pump station or well; provided, that additional appropriations of water are not exempted by this subsection.

f.    Periodic use of chemical or mechanical means to maintain a utility or transportation right-of-way in its design condition; provided, that chemicals used are approved by the Washington State Department of Agriculture and applied by licensed personnel. This exemption shall not apply to the use of chemicals within watersheds that are controlled for the purpose of drinking water quality in accordance with WAC 248-54-660.

g.    All grants of rights-of-way by agencies to utilities for use for distribution (as opposed to transmission) purposes.

h.    All grants of franchises by agencies to utilities.

i.    All disposals of rights-of-way by utilities.

24.    Natural Resources Management. In addition to the other exemptions contained in this section, the following natural resources management activities shall be exempt:

a.    Issuance of new grazing leases covering a section of land or less; and issuance of all grazing leases for land that has been subject to a grazing lease within the previous ten (10) years.

b.    Licenses or approvals to remove firewood.

c.    Issuance of agricultural leases covering one hundred sixty (160) contiguous acres or less.

d.    Issuance of leases for Christmas tree harvesting or brush picking.

e.    Issuance of leases for school sites.

f.    Issuance of leases for, and placement of, mooring buoys designed to serve pleasure craft.

g.    Development of recreational sites not specifically designed for all-terrain vehicles and not including more than twelve (12) campsites.

h.    Periodic use of chemical or mechanical means to maintain public park and recreational land; provided, that chemicals used are approved by the Washington State Department of Agriculture and applied by licensed personnel. This exemption shall not apply to the use of chemicals within watersheds that are controlled for the purpose of drinking water quality in accordance with WAC 248-54-660.

i.    Issuance of rights-of-way, easements and use permits to use existing roads in nonresidential areas.

j.    Establishment of natural area preserves to be used for scientific research and education and for the protection of rare flora and fauna, under the procedures of Chapter 79.70 RCW.

25.    Personal Wireless Service Facilities.

a.    The siting of personal wireless service facilities is exempt if the facility:

i.    Is a microcell and is to be attached to an existing structure that is not a residence or school and does not contain a residence or a school;

ii.    Includes personal wireless service antennas, other than a microcell, and is to be attached to an existing structure (that may be an existing tower) that is not a residence or school and does not contain a residence or school, and the existing structure to which it is to be attached is located in a commercial, industrial, manufacturing, forest, or agriculture zone; or

iii.    Involves constructing a personal wireless service tower less than sixty (60) feet in height that is located in a commercial, industrial, manufacturing, forest, or agricultural zone.

b.    For the purposes of this subsection:

i.    “Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.

ii.    “Personal wireless service facilities” means facilities for the provision of personal wireless services.

iii.    “Microcell” means a wireless communication facility consisting of an antenna that is either:

(A)    Four feet in height and with an area of not more than five hundred eighty (580) square inches; or

(B)    If a tubular antenna, no more than four inches in diameter and no more than six feet in length.

c.    This exemption does not apply to projects within a critical area designated under the GMA (RCW 36.70A.060). (Ord. 575 § 18, 2009; Ord. 548 § 2 (Exh. D) (part), 2007)

A.    Each department within the city which receives an application for a license or, in the case of governmental proposals, the department which initiates the proposal shall determine whether the license and/or proposal is exempt. The department’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.

B.    In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required by WAC 197-11-060. If a proposal includes exempt and also nonexempt actions, the department shall determine the lead agency, even if the license application which triggered the department’s consideration is exempt.

C.    If a proposal includes both exempt and nonexempt actions, the city may authorize the exempt actions to proceed prior to compliance with the procedural requirements of this chapter, except that:

1.    The city shall not give authorization for:

a.    Any nonexempt action;

b.    Any action that would have an adverse environmental impact; or

c.    Any action that would limit the choice of reasonable alternatives (see WAC 197-11-070);

2.    A department may withhold approval of an exempt action which would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) subsequently were not approved; and

3.    A department may withhold approval of exempt actions which would lead to substantial financial expenditure by a private applicant when the expenditures would serve no purpose if nonexempt action(s) subsequently were not approved. (Ord. 548 § 2 (Exh. D) (part), 2007)

A.    A completed environmental checklist in the form provided in WAC 197-11-960 or the city environmental checklist shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this chapter, unless:

1.    The city and applicant agree an EIS is required; or

2.    SEPA compliance has been completed; or

3.    SEPA compliance has been initiated by another agency.

B.    The city shall use the environmental checklist to determine the lead agency and, if the city is the lead agency, to determine the responsible official and make the threshold determination.

C.    For private proposals, the city will require the applicant to complete the environmental checklist and provide assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

D.    The city may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:

1.    The city has technical information on a question or questions that is unavailable to the private applicant; or

2.    The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. In addition to the established environmental review fee, an environmental checklist preparation fee shall also be collected to complete the environmental checklist. (Ord. 575 § 19, 2009; Ord. 548 § 2 (Exh. D) (part), 2007)

A.    As provided in this section and in WAC 197-11-350, the responsible official may issue a determination of nonsignificance (DNS) based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.

B.    An applicant may request in writing early notice of whether a determination of significance (DS) is likely under WAC 197-11-350. The request must:

1.    Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and

2.    Precede the city’s actual threshold determination for the proposal.

C.    The responsible official should respond to the request for early notice within fifteen (15) working days. The response will:

1.    Be written;

2.    State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that are leading the city to consider a DS; and

3.    State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

D.    As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

E.    When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within fifteen (15) days of receiving the changed or clarified proposal:

1.    If the city indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the city shall issue and circulate a DNS under WAC 197-11-340(2).

2.    If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination, issuing a DNS or DS as appropriate.

3.    The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct a two hundred (200) foot stormwater retention pond at Y location” are adequate.

4.    Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.

F.    A mitigated DNS is issued under WAC 197-11-340(2), requiring a fourteen (14) day comment period and public notice.

G.    Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city.

H.    If the city’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).

I.    The city’s written response under subsection (B) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination. (Ord. 548 § 2 (Exh. D) (part), 2007)

This chapter contains the rules for preparing environmental impact statements. The city adopts the following sections of SEPA rules by reference, as supplemented by this chapter:

WAC

197-11-400    Purpose of EIS.

197-11-402    General requirements of an EIS.

197-11-405    EIS types.

197-11-406    EIS timing.

197-11-408    Scoping.

197-11-410    Expanded scoping. (Optional)

197-11-420    EIS preparation.

197-11-425    Style and size.

197-11-430    Format.

197-11-435    Cover letter or memo.

197-11-440    EIS contents.

197-11-442    Contents of EIS on nonproject proposals.

197-11-443    EIS contents when prior nonproject EIS.

197-11-444    Elements of the environment.

197-11-448    Relationship of EIS to other considerations.

197-11-450    Cost-benefit analysis.

197-11-455    Issuance of DEIS.

197-11-460    Issuance of FEIS.

(Ord. 548 § 2 (Exh. D) (part), 2007)

A.    Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the applicant or department under the supervision of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

B.    The DEIS and FEIS or draft and final SEIS shall be prepared by city staff, the applicant, or by a consultant selected by the city or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the city’s procedure for EIS preparation, including approval of the draft and final EIS prior to distribution.

C.    The city may require an applicant to provide information the city does not possess and may require the applicant to make specific investigations. However, the applicant is not required to supply information that is not required under this title or that is being requested from another agency. This does not apply to information the city may request under another ordinance or statute. (Ord. 548 § 2 (Exh. D) (part), 2007)

A.    The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:

1.    Economy;

2.    Social policy analysis;

3.    Cost-benefit analysis;

4.    Consistency with the city’s adopted comprehensive plan, capital facilities plan, and other adopted plans, regulations and standards;

5.    The criteria for determining whether the proposal is consistent with adopted plans, policies, regulations, and standards are:

a.    The type of land use allowed;

b.    The level of development allowed;

c.    The adequacy of public infrastructure; and

d.    The characteristics of the proposed development.

B.    The lead agency may include, in an EIS or appendix, the analysis of any impact relevant to the agency’s decision, whether or not environmental. The inclusion of such analysis may be based upon comments received during the scoping process. The provision for combining documents may be used (WAC 197-11-640). The EIS shall comply with the format requirements of this chapter. The decision whether to include such information and the adequacy of any such additional analysis shall not be used in determining whether an EIS meets the requirements of SEPA. (Ord. 548 § 2 (Exh. D) (part), 2007)

This chapter contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The city adopts the following sections by reference, as supplemented in this chapter:

WAC

197-11-500    Purpose of this part.

197-11-502    Inviting comment.

197-11-504    Availability and cost of environmental documents.

197-11-508    SEPA register.

197-11-510    Public notice.

197-11-535    Public hearings and meetings.

197-11-545    Effect of no comment.

197-11-550    Specificity of comments.

197-11-560    FEIS response to comments.

197-11-570    Consulted agency costs to assist lead agency.

(Ord. 548 § 2 (Exh. D) (part), 2007)

A.    Whenever possible, the city shall integrate the public notice required under this section with existing notice procedures for the city’s nonexempt permit(s) or approval(s) required for the proposal pursuant to Chapter 18.16, Procedures for Land Use Permits and Decisions.

B.    Whenever the city issues a DNS under WAC 197-11-340(2), an MDNS under WAC 197-11-350, or a DS under WAC 197-11-360(3), the city shall give public notice pursuant to Type II procedures described in Section 18.16.090, Process II—Administrative action, as follows:

1.    If an environmental document is issued concurrently with the notice of application, the public notice requirements for the notice of application in RCW 36.70B.110(4) will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1).

2.    If no public notice is otherwise required for the permit or approval, the city shall give notice of the DNS or DS by:

a.    Posting the property for site-specific proposals;

b.    Posting notice in a conspicuous place at City Hall.

3.    Whenever the city issues a DS under WAC 197-11-360(3), the city shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.

C.    If a DNS is issued using the optional DNS process, the public notice requirements for a notice of application in RCW 36.70B.110(4) as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1)(b).

D.    Whenever the city issues a DEIS under WAC 197-11-455(5) or an SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:

1.    Indicating the availability of the DEIS in any public notice required for a nonexempt license;

2.    Posting the property, for site-specific proposals;

3.    Publishing notice in a newspaper of general circulation in Clark County;

4.    Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered; and

5.    Posting public notice in a conspicuous place at City Hall and two other prominent locations within the city limits.

E.    The city may require an applicant to complete the public notice requirements. However, the applicant shall reimburse the city for costs directly associated with this requirement. (Ord. 548 § 2 (Exh. D) (part), 2007)

A.    The responsible official shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, and/or reviewing a draft EIS.

B.    The responsible official shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency and the responsible official is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. (Ord. 548 § 2 (Exh. D) (part), 2007)

This chapter contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA), for the city’s own environmental compliance. The city adopts the following sections of SEPA rules by reference:

WAC

197-11-600    When to use existing environmental documents.

197-11-610    Use of NEPA documents.

197-11-620    Supplemental environmental impact statement—Procedures.

197-11-625    Agenda—Procedures.

197-11-630    Adoption—Procedures.

197-11-635    Incorporation by reference—Procedures.

197-11-640    Combining documents.

(Ord. 548 § 2 (Exh. D) (part), 2007)

This chapter contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This chapter also contains procedures to appeal SEPA determinations to agencies or the courts. The city adopts the following sections of SEPA rules by reference:

WAC

197-11-650    Purpose of this part.

197-11-655    Implementation.

197-11-660    Substantive authority and mitigation.

197-11-680    Appeals.

(Ord. 548 § 2 (Exh. D) (part), 2007)

A.    The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.

B.    The city may attach conditions to a permit or approval for a proposal so long as:

1.    Such conditions are necessary to mitigate specific, probable, significant, and adverse environmental impacts; and

2.    Such conditions are in writing; and

3.    The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4.    The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5.    Such conditions are based on one or more policies in subsection (D) of this section and are cited in the license or other decision document.

C.    The city may deny a permit or approval for any proposal on the basis of SEPA so long as:

1.    A finding has been made by the responsible official that the proposal, if approved, would result in probable significant adverse environmental impacts identified in a final EIS, or final supplemental EIS prepared pursuant to this chapter; and

2.    A finding is made that there are no reasonable mitigation measures capable of being accomplished sufficient to mitigate the identified impact; and

3.    The denial is based on one or more policies stated in subsection (D) of this section and which are identified in writing in the decision document.

D.    The city designates and adopts the following policies as the basis for the city’s exercise of authority pursuant to this section:

1.    The city shall use all practicable means, consistent with other essential considerations of city and state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and city and their citizens may:

a.    Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

b.    Assure for all people of the state and city safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

c.    Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

d.    Preserve important historic, cultural, and natural aspects of our national and local heritage;

e.    Maintain, whenever possible, an environment which supports diversity and variety of individual choice;

f.    Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

g.    Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

2.    The city 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.

3.    The city adopts by reference the policies in the following city plans, policies, regulations, standards and resolutions:

a.    The currently adopted Rainier Municipal Code and amendments thereto;

b.    Rainier capital facilities plan. (Ord. 575 § 20, 2009; Ord. 548 § 2 (Exh. D) (part), 2007)

A.    The city of Rainier establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:

1.    Any appeal of an action taken by the city of Rainier shall be made in accord with Chapter 18.16, Process II appeal authority. Where this section or Chapter 18.16 is silent or ambiguous, the city shall consult WAC 197-11-680 to determine appropriate appeals procedure.

2.    Unless otherwise directed by WAC 197-11-680, the city shall attempt to consolidate appeals of SEPA substantive or procedural determinations and of local land use decisions.

3.    The time limit for commencing an appeal of a city decision shall be fourteen (14) days from the effective date of the decision. A person with standing may appeal a city decision at any time prior to the end of the effective date of a decision.

4.    An appeal of the intermediary steps under SEPA (e.g., lead agency determination, scoping or draft EIS adequacy) shall not be allowed (WAC 197-11-680(3)(a)(ii)).

B.    For any appeal under this subsection, the city shall provide for a record that shall consist of:

1.    Findings and conclusions;

2.    Testimony under oath; and

3.    A taped or written transcript.

C.    The city may require the appellant to provide the electronic transcript.

D.    The procedural determination by the city’s responsible official shall carry substantial weight in any appeal proceeding.

E.    The city shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. (Ord. 548 § 2 (Exh. D) (part), 2007)

A.    The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

B.    The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the city clerk, county auditor, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 548 § 2 (Exh. D) (part), 2007)

This chapter contains uniform usage and definitions of terms under SEPA. The city adopts the following sections by reference:

WAC

197-11-700    Definitions.

197-11-702    Act.

197-11-704    Action.

197-11-706    Addendum.

197-11-708    Adoption.

197-11-710    Affected tribe.

197-11-712    Affecting.

197-11-714    Agency.

197-11-716    Applicant.

197-11-718    Built environment.

197-11-720    Categorical exemption.

197-11-721    Closed record appeal.

197-11-722    Consolidated appeal.

197-11-724    Consulted agency.

197-11-726    Cost-benefit analysis.

197-11-728    County/City.

197-11-730    Decision maker.

197-11-732    Department.

197-11-734    Determination of nonsignificance (DNS).

197-11-736    Determination of significance (DS).

197-11-738    EIS.

197-11-740    Environment.

197-11-742    Environmental checklist.

197-11-744    Environmental document.

197-11-746    Environmental review.

197-11-750    Expanded scoping.

197-11-752    Impacts.

197-11-754    Incorporation by reference.

197-11-756    Lands covered by water.

197-11-758    Lead agency.

197-11-760    License.

197-11-762    Local agency.

197-11-764    Major action.

197-11-766    Mitigated DNS.

197-11-768    Mitigation.

197-11-770    Natural environment.

197-11-772    NEPA.

197-11-774    Nonproject.

197-11-775    Open record hearing.

197-11-776    Phased review.

197-11-778    Preparation.

197-11-780    Private project.

197-11-782    Probable.

197-11-784    Proposal.

197-11-786    Reasonable alternative.

197-11-788    Responsible official.

197-11-790    SEPA.

197-11-792    Scope.

197-11-793    Scoping.

197-11-794    Significant.

197-11-796    State agency.

197-11-797    Threshold determination.

197-11-799    Underlying governmental action.

(Ord. 548 § 2 (Exh. D) (part), 2007)

The city adopts by reference the following rules for categorical exemptions, as supplemented in this title, including Sections 18.64.020 (flexible thresholds) and 18.64.030 (Use of exemptions):

A.    WAC 197-11-800, Categorical exemptions (listed in Sections 18.64.020 and 18.64.030).

B.    WAC 197-11-880, Emergencies. Actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter, 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. Agencies may specify these emergency actions in their procedures.

C.    WAC 197-11-890, Petitioning DOE to change exemptions.

1.    Except for the preceding section, agencies may create additional exemptions in their procedures only after receiving approval from the Department of Ecology under this section.

2.    An agency may petition the department to adopt additional exemptions or to delete existing exemptions by amending these rules. The petition shall be made under RCW 34.05.330. The petition shall state the language of the requested amendment, the petitioning agency’s views on the environmental impacts of the activities covered by the proposed amendment, and the approximate number of actions of this type which have come before the petitioning agency over a particular period of time. The department shall consider and decide upon a petition within sixty (60) days of receipt. If the determination is favorable, the department shall begin rule-making under Chapter 34.05 RCW. Any resulting amendments will apply either generally or to specified classes of agencies. Affected agencies shall amend their procedures accordingly.

3.    An agency may also petition the department for an immediate ruling upon any request to add, delete, or change an exemption. If such a petition is granted, the department will notify the petitioning agency, which may immediately include the change approved by the department in its own procedures. The department may thereafter begin rule-making proceedings to amend these rules. Until these rules are amended, any change granted under this subsection shall apply only to the petitioning agency or agencies.

4.    The department will provide public notice of any proposed amendments to these rules in the manner required by the Administrative Procedure Act, Chapter 34.05 RCW. A copy of all approvals by the department under the preceding subsection shall be given to any person requesting the department for advance notice of rule-making. (Ord. 548 § 2 (Exh. D) (part), 2007)

This chapter contains rules for city compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts the following sections by reference:

WAC

197-11-900    Purpose of this part; agency compliance.

197-11-902    Agency SEPA policies.

197-11-916    Application to ongoing actions.

197-11-920    Agencies with environmental expertise.

197-11-922    Lead agency rules.

197-11-924    Determining the lead agency.

197-11-926    Lead agency for governmental proposals.

197-11-928    Lead agency for public and private proposals.

197-11-930    Lead agency for private projects with one agency with jurisdiction.

197-11-932    Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.

197-11-934    Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.

197-11-936    Lead agency for private projects requiring licenses from more than one state agency.

197-11-938    Lead agency for specific proposals.

197-11-940    Transfer of lead agency status to a state agency.

197-11-942    Agreements on lead agency status.

197-11-944    Agreements on division of lead agency duties.

197-11-946    DOE resolution of lead agency disputes.

197-11-948    Assumption of lead agency status.

(Ord. 548 § 2 (Exh. D) (part), 2007)

A.    The time periods provided by this division for making a threshold determination shall not begin to run until payment of the fee has been paid to the city. The city shall require fees, as adopted by resolution, for the following activities in accordance with the provisions of this chapter:

1.    Threshold Determination.

a.    For every environmental checklist the city reviews when it is lead agency, the city shall collect the fee from the proponent for the proposal prior to undertaking the threshold determination.

b.    When the city completes the environmental checklist at the applicant’s request or under Section 18.64.040(D)(2), the established fee(s) shall be collected.

2.    Determination of Nonsignificance (DNS). Where the city is the lead agency and issues a DNS, the city shall charge the applicant the established fee.

3.    Mitigated Determination of Nonsignificance (MDNS). Where the city is the lead agency and the city issues a threshold determination of MDNS, the city shall charge the applicant for all administrative and professional costs the city incurs in preparing mitigation measures.

4.    Determination of Significance (DS)/Environmental Impact Statement (EIS) Required.

a.    When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred by the city in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation and the applicant shall post bond or otherwise ensure payment of such costs.

b.    The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for the activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. The city may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the city and applicant.

c.    If a proposal is modified so that an EIS is no longer required, the responsible official or designee shall refund any fees collected under subsection (A)(4)(a) or (b) of this section which remain after incurred costs are paid.

B.    The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.

C.    The city shall not collect a fee for performing its duties as a consulted agency.

D.    The city may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. (Ord. 548 § 2 (Exh. D) (part), 2007)

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 person or circumstances, shall not be affected. WAC 197-11-950 (Severability) is adopted by reference. (Ord. 548 § 2 (Exh. D) (part), 2007)

The city adopts the following forms and sections by reference:

WAC

197-11-960    Environmental checklist (as prepared by the city).

197-11-965    Adoption notice.

197-11-970    Determination of nonsignificance (DNS).

197-11-980    Determination of significance and scoping notice (DS).

197-11-985    Notice of assumption of lead agency status.

197-11-990    Notice of action.

(Ord. 548 § 2 (Exh. D) (part), 2007)