Washington Administrative Code
Title - Northwest Clean Air Agency
100 - GENERAL PROVISIONS
Sec2 106 - PUBLIC RECORDS
Current through Register Vol. 24-18, September 15, 2024
106.1 The purpose of this section is to implement the requirements of RCW 42.56 Public Records.
106.2 Definitions
106.3 Public records available
106.4 Records Index. The NWCAA does not maintain an index of just the public records listed in RCW 42.56.070. The NWCAA's Board of Directors are of the opinion that the establishment of such an index would be unduly burdensome and interfere with the NWCAA's operation because a significant and integral portion of the NWCAA's records are exempt from public inspection and copying pursuant to RCW 42.56.070. The release of such records would be an unreasonable invasion of personal privacy or the violation of the confidentiality of records and information provisions of the State Clean Air Act (RCW 70.94.205).
The NWCAA is in substantive compliance with RCW 42.56.070 by making available for public inspection and copying public records listed in RCW 42.56.070(7)(a)(b),(8) and (9). These include promulgated regulations of the NWCAA, final opinions made in adjudicated cases, minutes and resolutions of the Board of Directors, monthly activity reports, policy memorandums of the Control Officer, logs of Notice of Violations issued, upset, breakdown and startup reports, assessment of penalties, index of registered sources, annual emission inventory summaries and summaries of ambient air monitoring data, annual state and federal grant applications, including the annual program plan, certification to operate, inspection reports for air pollution sources, variance and notice of construction records with confidential records and information deleted in accordance with RCW 70.94.205.
The Control Officer or designee shall assist any person to obtain public records requested from the NWCAA's record files.
106.5 Request for public records.
Date: __________________ Time: _________________________________________
Name: ________________________________________________________________
Address: _____________________________________________________________
Telephone No.: ________________________________________________________
Description of Records: ________________________________________________
I certify that lists of individuals obtained through this request for public records will not be used for commercial purposes.
______________________________
Signature
FOR NWCAA USE:
Number of Copies: ___________________
Number of Pages: ___________________
Per Page Charge: $ ___________________
Total Charge: $ _______________________
All requests made in person may be made at the NWCAA office during regular business hours, Monday through Friday, excluding legal holidays.
A request for inspection or copying of public records may be made by mail, email or fax - containing the following information:
All requests must be received by the NWCAA at least three business days before the requested date of inspection to allow the Control Officer or designee to make certain the requested records are available and not exempt and, if necessary, to contact the person requesting inspection.
106.6 Fees. No fee shall be charged for the inspection of public records. For printed, typed and written material a maximum size of 8 1/2" by 14", the NWCAA shall charge a reasonable fee, determined from time to time by the Control Officer, for providing copies of public records and for use of the NWCAA's copy equipment, payable at the time copies are furnished. This charge is the amount necessary to reimburse the NWCAA for its actual costs incident to such copying. Copies of maps, photos, reports, and other nonstandard items shall be furnished at the regular price established by the NWCAA. When other special copy work for nonstandard items is requested, the fee charged will reflect the total cost, including the time of NWCAA personnel.
106.7 Statement of reason for denial of public records request. When the NWCAA refuses, in whole or part, a written request for inspection of any public record, it shall include a statement of the specific exemption authorizing the refusal and a brief explanation of how the exemption applies to the record withheld.
106.8 Review of denials of public records request.
106.9 Protection of public records. In order to adequately protect the public records of the NWCAA, the following guidelines shall be adhered to by any person inspecting such public records:
