17.149.100 Agency compliance.
(1) This section contains rules for agency 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, as supplemented by WAC 173-806-045 through 173-806-043 and this section:
WAC | |
|---|---|
Purpose of this part. | |
Agency SEPA policies. | |
Application to ongoing actions. | |
Agencies with environmental expertise. | |
Lead agency rules. | |
Determining the lead agency. | |
Lead agency for governmental proposals. | |
Lead agency for public and private proposals. | |
Lead agency for private projects with one agency with jurisdiction. | |
Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. | |
Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies. | |
Lead agency for private projects requiring licenses from more than one state agency. | |
Lead agencies for specific proposals. | |
Transfer of lead agency status to a state agency. | |
Agreements on lead agency status. | |
Agreements on division of lead agency duties. | |
DOE resolution of lead agency disputes. | |
Assumption of lead agency status. | |
(2) Fees. The city shall require the following fees for its activities in accordance with the provisions of this chapter:
(a) Threshold Determination. For every environmental checklist the city will review when it is the lead agency, the city shall collect a fee stated in Chapter 3.30 SMC from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee.
(b) Environmental Impact Statement.
(i) 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 the actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.
(ii) 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 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 the applicant after a call for proposals.
(iii) If a proposal is modified so that an EIS is no longer required or the scoping process reveals that an EIS is not warranted as determined by the responsible official, the responsible official shall refund any fees collected under subsection (2)(b)(i) or (2)(b)(ii) of this section which remain after incurred costs are paid.
(c) 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.
(d) The city shall not collect a fee for performing its duties as a consulted agency.
(e) 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. 1110 § 3, 2002; Ord. 1051, 1998).