8.12.010 - Purpose—Adoption by reference.

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

(Ord. 125-98 § 3.1, 1998: Ord. 55-97 § 3.1, 1997: Ord. 99-84 § 3.1, 1984).

8.12.020 - Designation of responsible official.

(a)

For public proposals, the head (administrative official) of the department making the proposal shall be the responsible official. For private proposals, the head (administrative official) of the department with primary responsibility for approving the permits and licenses for the proposal shall be the responsible official. When multiple officials have permitting authority, the assignment of responsibility shall be reached by agreement.

(b)

For all proposals for which the county is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the "lead agency" or "responsible official" by those sections of the SEPA rules that were adopted by reference in paragraph 3.1 above.

(c)

For any proposal as defined in subsections (a) and (b) of this section, the Mason County board of commissioners may assume the status of "decision maker" as defined in WAC 197-11-730 in which case the responsible official shall be subject to the directions of the county commissioners.

(d)

The county shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW. [Statutory Authority: RCW 43-21C.130. 84-13.036 (Order DE 84-25), § 173-806-040, filed 6/15/84. Formerly WAC 173-805-115.]

(Ord. 125-98 § 3.2, 1998: Ord. 55-97 § 3.2, 1997: Ord. 99-84 § 3.2, 1984).

8.12.030 - Lead agency determination and responsibilities.

(a)

The department within the county 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 county is the lead agency for a proposal, the department receiving the application shall determine the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.

(c)

When the county is not the lead agency for a proposal, all departments of the county shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No county department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the county may conduct supplemental environmental review under WAC 197-11-600.

(d)

If the county or any of its departments receive a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 19-11-253 or 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 resolved within fifteen days of receipt of the determination under WAC 197-11-946 within the fifteen-day time period. Any such petition on behalf of the county may be initiated by the Mason County commissioners.

(e)

Departments of the county are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the Mason County board of commissioners approves the agreements.

(f)

Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal (That is: Which agencies require nonexempt licenses?).

(g)

When the county is lead agency for a MTCA remedial action, the department of ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the county shall decide jointly with ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency. [Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-050, filed 6/15/84. [Statutory Authority; RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-050, filed 6/15/84. Formerly WAC 173-805-070.]

(Ord. 125-98 § 3.4, 1998: Ord. 55-97 § 3.4, 1997: Ord. 99-84 § 3.4, 1984).

8.12.040 - Additional considerations.

(a)

SEPA review shall be conducted concurrently with development project review.

(b)

The DNS or draft EIS for the proposal shall accompany the county's staff recommendation to any appropriate advisory body, such as the planning commission.

(c)

If the county's only action on a proposal is a decision on a building permit or other license that requires a detailed project plan and specifications, the applicant may request in writing that the county conduct environmental review prior to submission of the detailed plans and specifications. [Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-058, filed 6/15/84. Formerly WAC 173-805 WAC.]

(Ord. 125-98 § 3.5, 1998: Ord. 55-97 § 3.5, 1997: Ord. 99-84 § 3.5, 1984).