1149_00001ORDINANCENO.1149
AN ORDINANCEREPEALINGCHAPTER14.04 OF THE MOSESLAKEMUNICIPALCODEENTITLED"ENVIRONMENTALREGULATIONS"INITSENTIRETYANDENACTINGANEWCHAPTER14.06 OF THEMOSES
LAKEMUNICIPALCODEENTITLED"ENVIRONMENTALREGULATIONS"
THE CITY COUNCILOF THECITY OF MOSESLAKE,WASHINGTON,DOORDAINAS FOLLOWS:
I Section 1.Chapter 14.04 of the Moses Lake Municipal Code entitled "Environ-
mental Regulations"is repealed in its entirety.
Section 2.Chapter 14.06 of the Moses Lake Municipal Code entitled "Environ-
mental Regulations"is enacted as follows:
14.06.010 Authority:The City of Moses Lake adopts this ordinance under the
State Environmental Policy Act (SEPA),RCW43.210.120,and theSEPArules,WAC197-11-904.This ordinance contains the city'sSEPAproceduresandpolicies.The SEPA rules,Chapter 197-11 WAC,
must be used in conjunction with this ordinance.
14.06.020 General Requirements:
A.Purpose:This part contains the basic requirements that ap-ply to the SEPA process.The city adopts the following sec-tions of Chapter 197-11 of the Washington Administrative Code
by reference:
197-11-040 Definitions197-11-050 Lead Agency
197-11-055 Timing of the SEPA Process197-11-060 Content of Environmental Review197-11-070 Limitations on Actions During SEPA Process
i 197-11-080 Incomplete or Unavailable Information
197-11-090 Supporting Documents197-11-100 Information Required of Applicants
B.Additional Definitions:In addition to those definitions
contained within WAC197-11-700 through 197-11-799;when usedinthisordinance;the following terms shall have the follow-ing meanings,unless the context indicates otherwise:
1."Department"means any division subdivision or or-ganizational unit of the city established by ordinance,rule,or order.
2."SEPA rules"means Chapter 197-11 WACadopted by theDepartmentofEcology.
3."Ordinance"means the ordinance;resolution;or otherprocedureusedb.y the city to adopt regulatoryrequirements.
4."Early notice"means the city's response to an applicantstatingwhetheritconsidersissuanceofadeterminationofsignificancelikelyfortheapplicant's proposal[mitigated determination of non-significance (DNS)
procedures].
C.Designation of Responsible Official:
1.For those proposals for which the city is the lead agen-cy,the responsible official shall be the Moses LakePlanningComqggsign.
2.For all proposals for which the city is the lead agency,the responsible official shall make the threshold deter-mination and supervise scoping.The Planning CommissionAdministratorshallsupervisethepreparationofanyrequiredEnvironmentalImpactStatement(EIS)and per-form any other functions assigned to the "1aedagency"
ORD.1149/Page 2
or "responsibleofficial"by these sections of the SEPA
rules that were adopted by reference in WAC173-806-020.
3.The city shall retain all documents required by the SEPA
rules (Chapter 197-11 WAC)and make them available in
accordance with Chapter 42.17 RCW.
D.Lead Agency Determination and Responsibilities:
1.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 WAC197-11-050 and 197-11-922 through 197-11-940;
unless the lead agency has been previously determined orthedepartmentisawarethatanotherdepartmentoragen-
cy is in the process of determining the lead agency.
2.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 preparation of the EIS.
3.When the city is not the lead agency for a proposal all
departments of the city shall use and consider,as ap-
propriate;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 required under WAC197-11-600.In some cases,the city may conduct supplemental environmental review
under WAC197-11-600.
4.If the city or any of its departments receives a lead
agency determination made by another agency that appearsinconsistentwiththecriteriaofWAC197-11-922 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 (15)days
of receipt of the determination,or the city must peti-
tion the Department of Ecology for a lead agency deter-
mination under WAC197-11-946 within the fifteen (15)
day time period.Any such petition on behalf of the
city may be initited by the Planning Commission
Administrator.
5.Departments of the city are authorized to make agree-
ments as to lead agency status or shared lead agency
duties for a proposal under WAC197-11-942 and 197-11-
944;Provided,that the responsible official and any
department that will incur responsibilities as the
result of such agreement approve the agreement.
6.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 agen-
cies require nonexempt licenses?)
E.Transfer of Lead Agency Status to a State Agency:For any
proposai 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 elect to
transfer the lead agency duties to a state agency.The state
agency with jurisdiction appearing first on the priority
listing in WAC197-11-936 shall be the lead agency and the
city shall be an agency with jurisdiction.To transfer lead
agency duties;the city's responsible official must transmit
a notice of the transfer together with any relevant informa-
tion available on the proposal to the appropriate state agen-
cy with jurisdiction.The responsible official of the city
ORD.1149/Page 3
shall also give notice of the transfer to the private appli-cant and any other agencies with jurisdiction over theproposal.
F.Additional Timing Considerations:
1.For nonexempt proposals,the DNSor Final EIS for theproposalshallaccompanythecity's staff recommendationtoanyappropriateadvisorybody,such as the PlanningCommission.I 2..If the city's only action on a proposal is a decision onabuildingpermitorotherlicensethatrequiresdetailedprojectplansandspecifications,the applicantmayrequestinwritingthatthecityconductenvironmen-tal review prior to submission of the detailed plans andspecifications.
14.06.030 Categorical Exemptions and Threshold Determinations -Purpose andAdoption:
A.Purpose'and Adoption by Reference:This part contains therulesfordecidingwhetheraproposalhasa"probablesig-nificant,adverse environmental impact"requiring an Environ-mental Impact Statement (EIS)to be prepared.This part alsocontainsrulesforevaluatingtheimpactsofproposalsnotrequiringanEIS.The city adopts the following WashingtonAdministrativeCodesectionsbyreference,as supplemented inthispart:
197-11-300 Purpose of This Part197-11-305 Categorical Exemptions197-11-310 Threshold Determination Required197-11-315 Environmental Checklist
i 197-11-330 Threshold Determination Process197-11-335 Additional Information197-11-340 Determination of Non-Significance (DNS)197-11-350 Mitigated DNS197-11-360 Determination of Significance (DS)/Initiation ofScoping197-11-390 Effect of Threshold Determination
B.Flexible Thresholds for Categorial Exemptions:
1.The City of Moses Lake establishes the following exemptlevelsforminornewconstructionunderWAC197-11-800(1)(b)based on local conditions:
a.For residential dwelling units in WAC197-11-800(1)(b)(i):Up to 20 dwelling units,
b.For agricultural structure in WAC197-11-800(1)(b)(ii):Up to 30;000 square feet.
c.For office,school,commercial,recreational,ser-vice or storage buildings in WAC197-11-800(1)(b)(iii):Up to 12,000 square feet and up to40parkingspaces.I d.For parking lots in WAC197-11-800(1)(b)(iv):Upto40parkingspaces.
e.For landfills and excavations in WAC197-11-800(1)(b)(v):Up to 500 cubic yards.
2.Whenever the city establishes new exempt levels underthissection,it shall send them to the Department ofEcology,Headquarters Office,Olympia,Washington,98504underWAC197-11-800(1)(c).
ORD.1149/Page 4
C.Use of Exemptions:
1.Each department within the city that receives an ap-plication for a license or,in the case of governmental
proposals,the department initiating the proposal,shall
determine whether the license and/or the proposal is
exempt.The department's determination that a proposal
is exempt shall be final and not subject to administra-
tive review.If a proposal is exempt,none of the pro-cedural requirements of this ordinance apply to the pro-posa1.The city shall not require completion of an En-
vironmental Checklist for an exempt proposal.
2.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 (WAC197-11-060).If a proposal includes ex-
empt and nonexempt actions,the department shall deter-
mine the lead agency,even if the license application
that triggers the department's consideration is exempt.
3.If a proposal includes both exempt and nonexempt ac-
tions,the city may authorize exempt actions prior to
compliance with the procedural requirements of this or-dinance,except that:
a.The city shall not give authorization for:
1)Any nonexempt action;
2)Any action that would have an adverse environ-
mental impact;or
3)Any action that would limit the choice of
alternatives.
b.A department may withhold approval of an exempt
action that would lead to modification of the
physical environment,when such modification would
serve no purpose if nonexempt action(s)were not
approved;and
c.A department may withhold approval of exempt ac-tions that would lead to substantial financial ex-penditures by a private applicant when the expendi-
tures would serve no purpose if nonexempt action(s)
were not approved.
I
ORD.1149/Page 5
D.Environmental Checklist:
1.A completed Environmental Checklist (or a copy)in theformprovidedinWAC197-11-960,shall be filed at thesametimeasanapplicationforapermit,license,cer-tificate,or other approval not specifically exempted inthisordinance;except,a Checklist is not needed if thecityandapplicantagreeanEISisrequired,SEPAcom-pliance has been completed;or SEPAcompliance has beeniinitiatedbyanotheraency.The city shall use the En-vironmental Checklist to determine the lead agency and;if the city is the lead agency,for determining theresponsibleofficialandformakingthethresholddetermination.
2.For private proposals;the city will require the appli-cant to complete the Environmental Checklist.For cityproposals,the department initiating the proposal shallcompletetheEnvironmentalChecklistforthatproposal.
E.Mitigated DNS:
1.As provided in this section and in WAC19-11-350,theresponsibleofficialmayissueaDNSbasedonconditionsattachedtotheproposalbytheresponsibleofficialoronchangesto,or clarifications of;the proposal madebytheapplicant.
2.An applicant may request in writing early notice ofwhetheraDSislikelyunderWAC197-11-350.Therequestmust:
a.Follow submission of a permit application and Envi-
I ronmental Checklist for a nonexempt proposal forwhichthedepartmentisleadagency;and
b.Precede the cit.y's actual threshold determinationfortheproposal.
3.The responsible official should respond to the requestforearlynoticewithin20workingdays.The responseshall:
a.Be written;
b.State whether the city currently considers issuanceofaDSlikelyand,if so;indicate the general orspecificarea(s)of concern that is/are leading thecitytoconsideraDS;and
c.State that the applicant may change or clarify theproposaltomitigatetheindicatedimpacts,revis-ing the Environmental Checklist and/or permit ap-pication as necessary to reflect the changes orclarifications.
4.As much as possible,the city should assist the appli-
I cant with identification of impacts to the extent neces-sary to formulate mitigation measures.
5.When an applicant submits a changed or clarified pro-posal,along with a revised or amended EnvironmentalChecklist,the city shall base its threshold determina-tion on the changed or clarified proposal and shouldmakethedeterminationwithinfifteen(15)days ofreceivingthechangedorclarifiedproposal:
a.If the cit.y indicated specific mitigation measuresinitsresponsetotherequestforearlynotice;and the applicant changed or clarified the proposaltoincludethosespecificmitigationmeasures,the
ORD.ll49/Page 6
city shall issue and circulate a ONSunder WAC197-
11-340(2).
b.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 DNSor DS as
appropriate.
c.The applicant's proposed mitigation measures(clarifications;changes or conditions)must be in
writing and must be specific.For example,pro-
posals to "controlnoise"or "preventstormwaterrunoff"are inadequate whereas proposals to "muf-f1e machinery to X decibel"or "construct200'
stormwater retention pond at Y location"areadequate.
d.Mitigation measures which justify issuance of amitigatedDNSmaybeincorporatedintheDNSby
reference to agency staff reports,studies,orotherdocuments.
6.A mitigated DNS is issued under WAC197-11-340(2),
requiring a fifteen (15)day commentperiod and public
notice.
7.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 man-
ner specifically prescribed by the city.
8.If the city's tentative decision on a permit or appoval
does not include mitigation measures that were incor-
ported in a mitigated DNS for the proposal,the city
should evaluate the threshold determination to assure
consistency with WAC197-11-340(3)(a)(withdrawal of
DNS).
9.The city's written response under subsection 2 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.
14.06.040 Environmental Impact Statement:
A.Purpose and Adoption by Reference:This part contains the
rules for preparing Environmental Impact Statements.The
city adopts the following Washington Administrative Code sec-
tions by reference,as supplemented by this part:
197-11-400 Purpose of EIS
197-11-402 General Requirements
197-11-405 EIS Types
197-11-406 EIS Timing197-11-408 Scoping
197-11-410 Expanded Scoping (Optional)
197-11-420 EIS Preparation
197-11-425 Style and Size
197-11-430 Format197-11-436 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
ORD.1149/Page 7
197-11-455 Issuance of DEIS197-11-460 Issuance of FEIS
B.Preparation of EIS -Additional Considerations:
1.Preparation of draft and final EISs (DEIS and FEIS)anddraftandfinalsupplementalEISs(SEIS)is the respon-sibility of the Planning Commission Administrator underthedirectionofthePlanningCommission.Before thecityissuesanEIS,the responsible official shall beisatisfiedthatitcomplieswiththisordinanceandChap-ter 197-11 WAC.
2.The DEIS and FEIS or draft and final SEIS shall be pre-pared by city staff,the applicant,or by a consultantselectedbythecityortheapplicant.If the respon-sible official requires an EIS for a proposal and deter-mines that someone other than the city will prepare theEIS,the responsible official shall notify the applicantimmediatelyaftercompletionofthethresholddetermina-tion.The responsible official shall also notify theapplicantofthecity's procedure for EIS preparation,including approval of the DEIS and FEIS pior todistribution.
3.The city may require an applicant to provide informationthecitydoesnotpossessincludingspecificinvestiga-tions.However;the applicant is not required to supplyinformationthatisnotrequiredunderthisordinanceorthatisbeingrequestedfromanotheragency.(This doesnotapplytoinformationthecitymayrequestunderan-other ordinance or statute.)
14.06.050 Commenting:
i A.Adoption by Reference:This part contains rules for consult-ing,commenting,and responding on all environmental docu-ments under SEPA,including rules for public notice and hear-ings.The city adopts the following Washington Administra-tive Code sections by reference;as supplemented in thispart:
197-11-500 Purpose of This Part197-11-502 Inviting Comment197-11-504 Availability and Cost of Environmental Documents197-11-508 SEPARegister197-11-535 Public Hearings and Meetings197-11-545 Effect of no Comment197-11-550 Specificity of Comments197-11-560 FEIS Response to Comments197-11-570 Consulted Agency Costs to Assist lead agency
B.Public Notice:
1.Whenever the City of Moses Lake issues a DNS under WAC197-11-340(2)or a DS under WAC197-11-360(3)the cit3shallgivepublicnoticeasfollows:
I a.If public notice is required for a nonexemptlicense,the notice shall state whether a DS or DNShasbeenissuedandwhencommentsaredue.
b.If no public notice is required for the permit orapproval,the city shall give notice of the DNSorDSby:
(1)Posting the property,for site-specificproposals
(2)Publishing a notice in a newspaper of generalcirculationinthecounty,city;or general
area where the proposal is located.
ORD.1149/Page 8
c.Whenever the city issues a DS under WAC197-11-
360(3)the city shall state the scoping procedure
for the proposal in the DS as required in WAC197-
11-408 and in the public notice.
2.Whenever the city issues a DEIS under WAC17-11-455(5)
or a SEIS under WAC197-11-602;notice of theavailabilityofthosedocumentsshallbegiven by:
a.Indicating the availability of the DEIS in any
public notice required for a nonexempt license;and
b.Posting the property,for site-specific proposals;
and
c.Publishing notice in a newspaper of general cir-culation in the county,city;or general area where
the proposal is located.
3.Whenever possible the city shall integrate the public
notice required under this section with existing notice
procedures for the city's nonexempt permits(s)or ap-proval(s)required for the proposal.
4.The city may require an applicant to complete the public
notice requirements for the applicant's proposal at his
or her expense.
C.Designation of Offical to Perform Consulted Agency Respon-
sibi li ies for the city:
1.The Municipal Services Director shall be responsible for
preparation of written comments for the city in responsetoaconsultationrequestpriortoathresholddeter-
mination;participation in scoping and reviewing a DEIS.
2.The Municipal Services Director shall be responsible for
the city's compliance with WAC197-11-550 whenever thecityisaconsultedagencyandisauthorizedtodevelop
operating procedures that will ensure that responses toconsultationrequestsarepreparedinatimelyfashion
and include data from all appropriate departments of the
city.
I
ORD.1149/Page
14.06.060 Using Existing Environmental Documents:Purpose and Adoption byketerence:this part contains rules for using and supplementingexistingenvironmentaldocumentspreparedunderSEPAorNationalEnvironmentalPolicyAct(NEPA)for the city's own environmentalcompliance.The city adopts the following Washington Administra-tive Code by reference:
197-11-600 When to Use Existing Environmental Documents197-11-610 Use of NEPADocumentsi197-11-620 Supplemental Environmental Impact Statement -
Procedures197-11-625 Addenda -Procedures197-11-630 Adoption -Procedures197-11-635 Incorporation by Reference -Procedures197-11-640 Combining Documents
14.06.070 SEPA and Agency Decisions:
A.Purpose and Adoption by Reference:This part contains rules(and policies)for SEPA's substantive authority,such asdecisionstomitigateorrejectproposalsasaresultofSEPA.This part also contains procedures for appealing SEPAdeterminationstoagenciesorthecourts.The city adopts
the following Washington Administrative code sections byreference:
197-11-650 Purpose of This Part197-11-655 Implementation197-11-660 Substantive Authority and Mitigation197-11-680 Appeals
B.Substantive Authority:
i 1.The policies and goals set forth in this ordinance aresupplementarytothoseintheexistingauthorizationoftheCityofMosesLake.
2.The city may attach conditions to a permit or approvalforaproposalsolongas:
a.Such conditions are necessary to mitigate specificprobableadverseenvironmentalimpactsidentifiedinenvironmentaldocumentspreparedpursuanttothisordinance;and
b.Such conditions are in writing;and
c.The mitigation measures included in such conditionsarereasonableandcapableofbeingaccomplished;and
d.The city has considered whether other local,state,or federal mitigation measures applied to the pro-posal are sufficient to mitigate the identifiedimpacts;and
e.Such conditions are based on one or more policiesiinsubsection4ofthissectionandcitedinthelicenseorotherdecisiondocument.
3.The city may deny a permit or approval for a proposal onthebasisofSEPAsolongas:
a.A finding is made that approving the proposal wouldresultinprobablesignificantadverseenvironmen-tal impacts that are identified in a FEIS or finalSEISpreparedpursuanttothisordinance;and
ORD.1149/Page 10
b.A finding is made that there are no reasonable
mitigation measures capable of being accomplished
that are sufficient to mitigate the identified im-
pact;and
c.The denial is based on one or more policies iden-
tified in subsection 4 of this section and iden-
tified in writing in the decision document.
4.The city designates and adopts by reference the follow-
ing policies as the basis for the city's exercise of
authority pursuant to this section:
a.The city shall use all practicable means,consis-
tent with other essential considerations of state
policy,to improve and coordinate plans;functions,
programs;and resources to the end that the stateanditscitizensmay:
1)Fulfill the responsibilities of each generation
as trustee of the environment for succeeding
generations;
2)Assure for all people of Washington safehealthful,productive,and aesthetically and
culturally pleasing surroundings;
3)Attain the widest range of beneficial uses of
the environment without degradation,risk tohealthorsafety;or other undesirable and
unintended consequences;
4)Preserve important historic,cultural and
natural aspects of our national heritage;
5)Maintain;wherever possible;an environment
which supports diversity and variety of indi-
vidual choice;
6)Achieve a balance between population and
resource use which will permit high standards
of living and a wide sharing of life's ameni-
ties;and
7)Enhance the quality of renewable resources and
approach the maximum attainable recycling of
depletable resources.
b.The city recognizes that each person has a fun-
damental and inalienable right to a healthful en-vironment and that each person has a responsibility
to contribute to the preservation and enhancement
of the environment.
5.Except for permits and variances issued pursuant to theShorelineManagementMasterPlanofthecity,when any
proposal or action not requiring a decsion of the City
Council is conditioned or denied on the basis of SEPA by
a nonelected official,the decision shall be appealable
to the City.Council.Such appeal may be perfected by
the proponent or any aggrieved party by giving notice to
the responsible official within ten (10)days of the
decision being appealed.Review by the City Council
shall be on a de nova basis.
C.Appeals:
1.The City of Moses Lake establishes the following ad-
ministrative appeal procedure under RCW43.210.075 and
WAC197-11-680:
ORD.1149/Page 11
a.Any agency or person may appeal the city's pro-cedural compliance with Chapter 197-11 WACfor is-
suance of the following:
1)A final DNS:Appeal of the DNSmust be madetotheCityCouncilwithinten(10)days of thedatetheDNSisfinal[see WAC197-11-390(2)(a)].
2)A DS:The appeal must be made to the CityiCouncilwithinten(10)days of the date the DSisissued.
3)An EIS:Appeal of the FEIS must be made to theCityCouncilwithinten(10)days of the datethepermitorotherapprovalisissued.
b.For any appeal under this subsection;the cityshallprovideforarecordtobemadeatanyhear-ing that shall consist of the following:
1)Findings and conclusions
2)Testimony under oath;and
3)A taped or written transcript
c.The city may require the appellant to provide atranscriptattheappellant's cost.
d.The procedural determination by the city's respon-sible official shall carry substantial weight in
any appeal proceeding.
I 2.The city shall give official notice under WAC197-11-680(5)whenever it issues a permit or approval for whichastatuteorordinanceestablishesatimelimitforcom-mencing judicial appeal.
D.Notice/Statute of Limitations:
1.The city;applicant for;or proponent of an action maypublishanoticeofactionpursuanttoRCW43.210.080foranyaction.
2.The form of the notice shall be substantially in theformprovidedinWAC197-11-990.The notice shall bepublishedbytheCityClerkorCountyAuditor,applicantorproponentpursuanttoRCW43.210.080.
14.06.080 Defintions:This part contains uniform usage and definitions oftermsunderSEPA.The city adopts the following sections byreference;as supplemented by WAC173-806-040:
197-11-700 Definitions197-11-702 Act197-11-704 Action197-11-706 Addendum
i 197-11-708 Adoption197-11-710 Affected Tribe197-11-712 Affecting197-11-714 Agency197-11-716 Applicant197-11-718 Built Environment197-11-720 Categorical Exemption197-11-722 Consolidated Appeal197-11-724 Consulted Agency197-11-726 Cost-benefit Analysis197-11-728 County/city197-11-730 Decision Maker197-11-732 Department197-11-734 Determination of Non-significance (DNS)
ORD.1149/Page 12
197-11-736 Determination of Significance (DS)
197-11-738 EIS
197-11-740 Environment197-11-742 Environmental Checklist
197-11-744 Environmental Document
197-11-746 Environmental Review
197-11-748 Environmentally Sensitive Area
197-11-750 Expanded Scoping
197-11-752 Impacts197-11-754 Incorporation by Reference
197-11-756 Lands Covered by Water
197-11-758 Lead Agency197-11-760 License
197-11-762 Local Agency
197-11-764 Major Action
197-11-766 Mitigated DNS197-11-768 Mitigation
197-11-770 Natural Environment
197-11-772 NEPA197-11-774 Nonproject197-11-776 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 Scope197-11-793 Scoping197-11-794 Significant197-11-796 State Agenc3
197-11-797 Threshold Determination
197-11-799 Underlying Governmental Action
14.06.090 Categorical Exemptions:The city adopts by reference the follow-
ing rules for categorical exemptions;as supplemented in this or-
dinance;including WAC173-806-070 (Flexible Thresholds);WAC173-
806-080 (Use of Exemptions);and WAC173-806-190 (Environmenta11y
Sensitive Areas):
197-11-800 Categorical Exemptions
197-11-880 Emergencies
197-11-890 Petitioning DOEto Change Exemptions
14.06.100 Agency Compliance:
A.Purpose and Adoption by Reference:This part contains rules
for agency compliance with SEPA;including rules for charging
fees under the SEPAprocess,designating environmentally sen-
sitive areas,listing agencies with environmental expertise;
selecting the lead agency,and applying these rules to cur-
rent agency activities.The city adopts the following sec-
tions by reference;as supplemented by WAC173-806-045 and
173-806-053 and this part:
197-11-900 Purpose of This Part
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
8
ORD.1149/Page 13
197-11-936 Lead Agency for Private Projects RequiringLicensesFromMoreThanOneStateAgency197-11-936 Lead Agency for Private Projects RequiringLicensesFromMoreThanOneStateAgency197-11-938 Lead Agencies for Specific Proposals197-11-940 Transfer of Lead Agency Status to a State Agency197-11-942 Agreements on Lead Agency Status197-11-944 Agreements on Division of Lead Agency Duties197-11-946 DDEResolution of Lead Agency Disputes
i 197-11-948 Assumption of Lead Agency Status
B.Fees:The city shall require the following fees for its ac-tivities in accordance with the provisions of this ordinance:
1.Threshold determination.For every EnvironmentalChecklistthecitywillreviewwhenitisleadagency,the cit.y shall collect a fee of $50 from the proponentoftheproposalpriortoundertakingthethresholddetermination.The time periods provided by this or-dinance for making a threshold determination shall notbegintorununtilpaymentofthefee.
2.Environmental Impact Statement:
a.When the city is the lead agency for a proposalrequiringanEISandtheresponsibleofficialdeterminesthattheEISshallbepreparedbyem-ployees of the city,the city may charge and col-Tect a reasonable fee from any applicant to covercostsincurredbythecityinpreparingtheEIS.The responsible official shall advise the appli-cant(s)of the projected costs for the EIS prior toactualpreparation;the applicant shall post bondorotherwiseensurepaymentofsuchcosts.I b.The responsible official may determine that thecitywillcontractdirectlywithaconsultantforpreparationofanEIS,or a portion of the EIS,foractivitiesinitiatedbysomepersonsorentityotherthanthecityandmaybillsuchcostsandexpensesdirectlytotheapplicant.The city Rayrequiretheapplicanttopostbondorotherwise
ensure payment of such costs.Such consultantsshallbeselectedbymutualagreementofthe cityandapplicantafteracallforproposals.
c.If a proposal is modified so that an EIS is nolongerrequired,the responsible officiaT shallrefundanyfeescollectedunderaorbofthis sub-section which remain after incurred costs are paid.
3.The city may collect a reasonable fee from an applicanttocoverthecostofmeetingthepublicnoticerequire-ments of this ordinance relating to the applicant'sproposal.
4.The cit.y shall not collect a fee for performing itsdutiesasaconsultedagency.I 5.The city may charge any person for copies of any docu-ment prepared under this ordinance,and for mailing thedocument,in a manner provided by Chaper 42.17 RCW.
C.Severability:If any provision of this ordinance or its ap-plication to any person or circumstance is held invalid,theremainderofthisordinance,of the application of the provi-sion to other persons or circumstances,shall not beaffected.
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ORD.1149/Page.14
14.06.110 Forms:The city adopts the following Washington Administrative
Code forms and sections by reference:
197-11-960 Environmental Checklist
197-11-965 Adoption Notice
197-11-970 Determination of Non-significance (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
The city may develop any forms necessary to the administration of
this chapter.
Section 3.This ordinance shall take effect and be in force five (5)days
after is passage and publication as provided by law.
Adopted by the City Council and signed by its Mayor on September 25,1984.
ATTEST:
APPROVEDAS TO FORM:
SE SU R PUBLISHED 100/84
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ORDINANCENO.1149 (SUMMARY)
ANORDINANCEREPEALINGCHAPTER14.04 OF THEMOSESLAKE
MUNICIPALCODEENTITLED"ENVIRONMENTALREGULATIONS",INITSENTIRETYANDENACTINGANEWCHAPTER14.06 OF THE MOSESLAKEMUNICIPALCODEENTITLED"ENVIRONMENTALREGULATIONS"
(This summary is published pursuant to RCW65.16.160.Thefulltextoftheordinancewillbemailed,without charge,I to any person upon request.)
Section 1.Chapter 14.04 of the Mosés Lake Municipal Code entitled "Environ-
mental Regulations"is repealed in its entirety.
Section 2.Chapter 14.06 of the Moses Lake Municpal Code entitled "Environ-
mental Regulations"is hereby established as follows:
14.06.010 Authority:states that the chapter is adopted pursuance to statelawandadministrativeregulations.
14.06.020 General Requirements:states that certain sections of theWashingtonAdministrativecodeareadoptedbyreference.Further-more;definitions are set forth.Also;the designation of respon-sible officials and lead agency determination is stated and thattheleadagencystatuscanbetransferredtoastateagency.
14.06.030 Categorical Exemptions and Threshold Determinations -Purpose andAdoption:states that certain provisions of the Washington Ad-ministrative Code are adopted by reference.Exemptions to theordinancearesetforthasarehowexemptionsaretobeutilized.Also;the need for the filing of an Environmental Checklist isstatedasisthefactthataConditionalorMitigatedDeclarationofNon-significance can be issued.
I 14.06.040 Environmental Impact Statement:states that certain sections oftheWashingtonAdministrativecodeareadoptedbyreferenceandsetsforthcertainperametersforthepreparationofEnviornmentalImpactStatements.
14.06.050 Commenting:states that certain provisions of the Washington Ad-ministrative Code are adopted by reference.Also states thatundercertainconditionspublicnoticeoftheissuanceofaDecla-ration of Non-significance must be posted or published.FinallyitstateswhoisresponsibleintheCityofMosesLakeforsomeresponsibilitiesastotheenvironmentalregulations.
14.06.060 Using Existing Environmental Documents:states that certain pro-visions of the Washington Administrative codeare adopted byreference.
14.06.070 SEPAand Agency Decisions:states that certain provisions of theWashingtonAdminstrativeCodeareadoptedbyreferenceandthatthepoliciesandgoalsstatedinthisordinancearesupplementaltoanyexistingauthorityoftheCityofMosesLakeandthatthecitycanattachconditionstoapermitoraproposal.It goes ontosaythatthecitycandenyapermitorapprovalforaproposalundercertainconditionsandsetsforthanappealprocesswhereby
I the decision of the City of Moses Lake can be appealed.
14.06.080 Defintions:Adopts certain provisions of the Washington Ad-minitrative Code by reference.
14.06.090 Categorical Exemptions:Adopts certain provisions of the Washing-ton Adminsitrative Code by reference.
14.06.100 Agency Compliance:Adopts certain provisions of the WashingtonAdministrativecodebyreference.It further states the fees thatarechargedbythecityforthepresentationofathresholddeter-mination and an Environmental Impact Statement.
14.06.110 Forms:states that certain provisions of the Washington Ad-
ministrative Code are adoped by reference.
Section 3.This ordinance shall take effect and be in force five (5)days
after is passage and publication as provided by law.
Adopted by the City Council and signed by its Mayor on September 25,1984.
ATTEST:
C e
APPROVEDAS TO FORM:
4xty Attorney '
Publish:October 9,1984
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