Current through Register Vol. 24-06, March 15, 2024
The permit system established by
RCW
90.58.550 is as follows:
(1) Applicability.
(a) A person who desires to perform oil or
natural gas exploration activities by vessel located on or within marine waters
of the state shall first obtain a permit from the department.
(b) An exploration activity permit obtained
under (a) of this subsection is the sole permit a person is required to obtain
for exploration activity under
chapter
90.58 RCW.
(c) Except as provided in (b) of this
subsection, nothing in this chapter may modify any powers of local governments
set forth in
chapter
90.58 RCW.
(2) Exploration activity permit
application.
(a) Applications for an
exploration activity permit must be supplied by the department.
(b) Applications must be filed with the
Shorelands and Environmental Assistance Program, Department of Ecology, P.O.
Box 47600, Olympia, WA 98504-7600.
(c) No application may be processed until it
is deemed complete by the department.
(d) Each application for an exploration
activity permit must be accompanied by a completed environmental checklist as
provided in Title 197 WAC.
(3) Processing of complete application.
(a) A complete application will be forwarded
to state natural resource management agencies and local governments and Indian
tribes affected by the proposed exploration activity.
(b) Comments will be requested regarding the
proposed exploration activity and its compatibility with the criteria
established under
RCW
90.58.550(2). Normally,
reviewing agencies will be allowed fifteen days from receipt of the
application, as provided by the department, in which to submit comments to the
department.
(4) Public
notice.
(a) Upon receipt of a completed
application, the department shall instruct the applicant to publish a notice of
the proposed exploration activity.
(b) Notices of the proposed exploration
activity must be published in the newspaper of the largest general circulation
within each of the counties in which the activity is proposed.
(c) Any person wishing to express views on
the proposed exploration activity will be given fifteen days to comment to the
department.
(d) All notices of
applications for exploration activity permits shall contain, as a minimum, the
information called for in the following form:
Notice of Application for
Exploration Activity Permit
Notice is hereby given that (company name or
institution) has filed an application
for an exploration activity permit for oil and/or natural gas survey and
reconnaissance work in (list major bodies of
water)
_____________________.
The exploration activity consists of (describe
survey gear, vessel, and other equipment in sufficient detail to inform public
of the nature of the operation)
_____________________.
The exploration activity is proposed to begin on
(date) and end (date) .
Any person desiring to express views or to be notified of the
action taken on this application should notify the department of ecology in
writing of his or her interest within fifteen days of the final date of
publication of this notice, which is (date) . Written
comments should be mailed or delivered to the Washington Department of Ecology,
Shorelands and Environmental Assistance Program, P.O. Box 47600, Olympia, WA
98504-7600. (360) 407-6000. Comment period deadline is (date)
.
(e) The
applicant shall provide an affidavit to the department of ecology that the
notice has been properly published in accordance with this section.
(5) Public hearing. A public
hearing on the proposed exploration activity permit will be held by the
department if it determines, upon consideration of factors such as location,
timing, duration, method of operation, and public comments, that a hearing
would assist it in implementing the intent of
RCW
90.58.550(2).
(6) Department exploration activity permit
decision.
(a) The department will approve an
exploration activity permit application if it determines that the proposed
activity meets the criteria set forth in
RCW
90.58.550(2). Exploration
activities may not:
(i) Interfere materially
with the normal public uses of the marine waters of the state;
(ii) Interfere with activities authorized by
a permit issued under
RCW
90.58.140(2);
(iii) Injure the marine biota or other fish
and wildlife, beds, or tidelands of the waters;
(iv) Violate water quality standards
established by the department;
(v)
Create a public nuisance; or
(vi)
Conflict with a shoreline master program approved by the department under
RCW
90.58.090 or
90.58.190.
(b) The department, as lead agency, will
comply with the provisions of the State Environmental Policy Act as governed by
the procedures established under chapter 43.21 RCW and its implementing
rules.
(c) No application for an
exploration activity permit relating to surface drilling for oil or gas in the
waters of Puget Sound north to the Canadian boundary or the Strait of Juan de
Fuca seaward of the ordinary high water mark may be approved by the department
under this section.
RCW
90.58.160.
(7) Exploration activity permit terms and
conditions.
(a) The department shall place
terms and conditions in the exploration activity permit as necessary to assure
that the permitted activity meets the requirements of
RCW
90.58.550(2).
(b) The terms and conditions may include, but
are not limited to:
(i) Geographic limits on
the area of operation;
(ii) Timing
of the operation;
(iii) Limitations
on hours of operation;
(iv)
Placement of on-board observers;
(v) Use of lead boats;
(vi) Insurance or bond;
(vii) Fishermen (or other users group)
notification procedures; or
(viii)
Any combination of the terms and conditions in (b)(i) through (vii) of this
subsection.
(8) Modifications of exploration activity
permits. When a permittee seeks to modify an exploration activity permit,
detailed maps or charts and text describing the nature of the modification must
be submitted to the department. Modifications to the permit may be made by the
department when the department determines that the changes are of a minor
nature.
(9) Request for review. All
requests for review of any final permit decision under
RCW
90.58.550(2) and these rules
are governed by the procedures established in chapter 43.21B RCW and its
implementing rules.
Statutory Authority:
RCW
90.58.550(6). 00-16-080
(Order 00-12), § 173-15-030, filed 7/28/00, effective 8/28/00. Statutory
Authority:
RCW
90.58.550,
90.58.560 and 1983 c 138.
84-01-028 (Order DE 83-35), § 173-15-030, filed
12/12/83.