Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-802 - SEPA procedures
Section 173-802-110 - Policies and procedures for conditioning or denying permits or other approvals
Universal Citation: WA Admin Code 173-802-110
Current through Register Vol. 24-06, March 15, 2024
(1)
(a) The overriding policy of the department
of ecology is to avoid or mitigate adverse environmental impacts which may
result from the department's decisions.
(b) The department of ecology shall use all
practicable means, consistent with other essential considerations of state
policy, to improve and coordinate plans, functions, programs, and resources to
the end that the state and its citizens may:
(i) Fulfill the responsibilities of each
generation as trustee of the environment for succeeding generations;
(ii) Assure for all people of Washington
safe, healthful, productive, and aesthetically and culturally pleasing
surroundings;
(iii) Attain the
widest range of beneficial uses of the environment without degradation, risk to
health or safety, or other undesirable and unintended consequences;
(iv) Preserve important historic, cultural,
and natural aspects of our national heritage;
(v) Maintain, wherever possible, an
environment which supports diversity and variety of individual
choice;
(vi) Achieve a balance
between population and resource use which will permit high standards of living
and a wide sharing of life's amenities; and
(vii) Enhance the quality of renewable
resources and approach the maximum attainable recycling of depletable
resources.
(c) The
department recognizes that each person has a fundamental and inalienable right
to a healthful environment and that each person has a responsibility to
contribute to the preservation and enhancement of the environment.
(d) The department shall ensure that
presently unquantified environmental amenities and values will be given
appropriate consideration in decision making along with economic and technical
considerations.
(2)
(a) When the environmental document for a
proposal shows it will cause significant adverse impacts that the proponent
does not plan to mitigate, the responsible official shall consider whether:
(i) The environmental document identified
mitigation measures that are reasonable and capable of being
accomplished;
(ii) Other local,
state, or federal requirements and enforcement would mitigate the significant
adverse environmental impacts; and
(iii) Reasonable mitigation measures are
sufficient to mitigate the significant adverse impacts.
(b) The responsible official may:
(i) Condition the approval for a proposal if
mitigation measures are reasonable and capable of being accomplished and the
proposal is inconsistent with the policies in subsection (1) of this
section.
(ii) Deny the permit or
approval for a proposal if reasonable mitigation measures are insufficient to
mitigate significant adverse environmental impacts and the proposal is
inconsistent with the policies in subsection (1) of this section.
(c) The procedures in WAC
197-11-660 must also be followed
when conditioning or denying permits or other approvals.
Statutory Authority: RCW 43.21C.120 and 43.21C.135. 84-13-037 (Order DE 84-21), § 173-802-110, filed 6/15/84. Formerly chapter 173-801 WAC.
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