Washington Administrative Code
Title 246 - Health, Department of
AGENCY DESCRIPTION
Chapter 246-03 - State Environmental Policy Act Guidelines
Section 246-03-030 - Timing and procedures for specified major actions
Universal Citation: WA Admin Code 246-03-030
Current through Register Vol. 24-18, September 15, 2024
(1) Regulations and licenses relating to radioactive material.
(a) Scope of major
action.
(i) Regulations relating to
radioactive material shall include the adoption or amendment by the department
of any regulations incorporating general standards for issuance of licenses
authorizing the possession, use and transfer of radioactive material pursuant
to RCW 70A.388.050 and 70A.310.030.
(ii) The issuance, revocation or suspension
of individual licenses under RCW 70A.388.050 shall be exempt. However, the
following licenses shall not be exempt: Licenses to operate low level waste
burial facilities or licenses to operate or expand beyond design capacity
mineral processing facilities, or their tailings areas, whose products, or
byproducts, have concentrations of naturally occurring radioactive materials in
excess of exempt concentrations as specified in WAC
246-232-010.
(b) Timing of SEPA requirements
for regulations for radioactive material.
(i)
A final EIS or determination of nonsignificance, whichever is determined
appropriate by the lead agency's responsible official, shall be completed for
proposed regulations relating to radioactive material prior to the hearing
preceding final adoption of such regulations.
(ii) The responsible official shall mail to
the department of ecology headquarters office in Olympia for listing in the
"SEPA register" (see WAC
197-11-508) a copy
of any determination of nonsignificance, a copy of the draft EIS, and a copy of
the final EIS. Copies of the draft EIS shall also be mailed to those agencies
identified in WAC
197-11-455, and
of the final EIS to those agencies identified in WAC
197-11-460. The
responsible official shall also give public notice in the form and manner
specified in
RCW
43.21C.080 of the determination of
nonsignificance or final EIS.
(c) Timing of SEPA requirements for licenses
for uranium or thorium mills or radioactive waste burial facilities.
(i) The applicant shall be responsible for
completing an environmental checklist, furnishing additional information needed
by the department to make the threshold determination, and preparing an
environmental report regarding the environmental impact of proposed activities
for independent evaluation by the department, prior to issuance of a draft EIS
by the responsible official. The environmental report shall be submitted within
90 days following determination of significance. The following material
presents a more detailed description of the responsibilities of the private
applicant as well as of the responsible official.
(ii) The applicant shall be responsible for
contacting the responsible official during the early stages of the applicants
planning activities to obtain an outline of SEPA requirements.
(iii) Thereafter the private applicant shall
be responsible for preparation of an environmental checklist. The responsible
official shall review each environmental checklist and, within 15 days of the
responsible official's receipt of the checklist, shall prepare and issue either
a determination of nonsignificance as per WAC
197-11-340
or a determination of significance as per WAC
197-11-360.
(iv) When the responsible official has issued
a determination of nonsignificance, the official shall send the determination
and environmental checklist to the applicant and to all agencies with
jurisdiction for review and comment as per WAC
197-11-340.
(v) When the responsible official makes a
determination of significance, the preparation of an environmental report shall
be completed in a manner consistent with the requirements for a draft EIS and
shall be the responsibility of the private applicant. If the applicant desires,
he may contract with an outside consultant for the preparation of the
environmental report. The department may also contract with an outside
consultant for the preparation of a draft or final EIS. The department or the
department's contracted consultant will independently evaluate the
environmental report and be responsible for the reliability of any information
used in the draft or final EIS. Unless the scope or complexity of the proposal
indicates otherwise, the final EIS shall be issued as described in WAC
197-11-460(6).
(vi) The responsible official shall request
review of the draft EIS from the agencies listed in WAC
197-11-455 and
from such other agencies as he determines.
(vii) The responsible official shall mail a
copy of the draft EIS to the department of ecology headquarters in Olympia for
listing in the "SEPA register" (see WAC
197-11-508) and
also to those agencies listed in WAC
197-11-455.
(viii) When the responsible official
determines that substantial changes are needed or that new information has
become available, the preparation of an amended or new environmental report is
the responsibility of the private applicant.
(ix) The responsible official shall mail a
copy of the final EIS to the department of ecology headquarters office in
Olympia for listing in the "SEPA register" (see WAC
197-11-508). The
responsible official shall also mail copies of the final EIS to those agencies
specified in WAC
197-11-460 and
shall give public notice of the completion of the final EIS in the form and
manner specified in
RCW
43.21C.080.
(2) Water system plans for public water systems as per WAC 246-290-100 and RCW 70A.100.050.
(a) Scope of major action.
Water system plans are plans developed and submitted to the department for
review and approval pursuant to WAC
246-290-100 and
RCW 70A.100.050.
(b) Timing and
procedures for water system plans prepared by private applicants.
(i) In general, when a private applicant has
prepared a water system plan for review and approval by the department, the
private applicant shall be responsible for completing an environmental
checklist, furnishing additional information needed by the department to make
the threshold determination, and preparing the draft and final EIS under the
direction of the responsible official. The following material presents a more
detailed description of the responsibilities of the private applicant as well
as the responsible official.
(ii)
Follow steps outlined in subsection (1)(c)(ii) through (iv) of this
section.
(iii) When the responsible
official makes a determination of significance, the preparation of a draft and
final EIS shall be in compliance with WAC
197-11-400 through
197-11-620
and shall be the responsibility of the private applicant. If the applicant
desires, he may contract with an outside consultant for preparation of the
draft or final EIS. Unless the scope or complexity of the proposal indicates
otherwise, the final EIS shall be completed within 60 days of the end of the
comment period for the draft EIS.
(iv) See subsection (1)(c)(vi) and (vii) of
this section.
(v) When the
responsible official determines that substantial changes are needed or that new
information has become available, the preparation of an amended or a new draft
EIS is the responsibility of the private applicant.
(vi) See subsection (1)(c)(ix) of this
section.
(vii) Every water system
plan submitted by a private applicant to the department for review and approval
shall be accompanied by either a determination of nonsignificance or a final
EIS.
(c) Timing and
procedure for water system plans prepared by agencies. Every water system plan
submitted by an agency to the department for review and approval shall be
accompanied by either a determination of nonsignificance or a final
EIS.
(3) New public water supply systems and major extensions of existing public water supply systems.
(a) Scope of major action. The approval of
engineering reports or plans and specifications pursuant to chapter 246-290 WAC
for all surface water source development, all water system storage facilities
greater than 500,000 gallons, new transmission lines longer than 1,000 feet and
larger than eight inches in diameter located in new rights of way and major
extensions to existing water distribution systems involving use of pipes
greater than eight inches in diameter, which are designed to increase the
existing service area by more than one square mile.
(b) Timing and procedures for projects
proposed by private applicants.
(i) In
general, when a private applicant seeks the approval of the department for a
new public water supply or a major extension to an existing public water
supply, the private applicant shall be responsible for completing an
environmental checklist, furnishing additional information needed by the
department to make the threshold determination, and preparing the draft and
final EIS under the direction of the responsible official. The following
material presents a more detailed description of the responsibilities of the
private applicant as well as of the responsible official.
(ii) Follow steps outlined in subsection
(1)(c)(ii) through (iv) of this section.
(iii) See subsection (2)(b)(iii) of this
section.
(iv) See subsection
(1)(c)(vi) and (vii) of this section.
(v) See subsection (2)(b)(v) of this
section.
(vi) See subsection
(1)(c)(ix) of this section.
(vii)
Whenever preliminary engineering reports, or plans and specifications for a new
public water supply system or a major extension to an existing public water
supply system are submitted by a private applicant to the secretary for review
and approval pursuant to chapter 246-290 WAC, these reports, plans and
specifications shall be accompanied by a determination of nonsignificance or a
final EIS.
(c) Timing and
procedures for projects proposed by an agency. Whenever preliminary engineering
reports, plans and specifications for a new public water supply system or a
major extension to an existing public water supply system are submitted by an
agency to the secretary for review and approval pursuant to chapter 246-290
WAC, these reports, plans and specifications shall be accompanied by a
determination of nonsignificance or a final EIS.
(4) Certificates of need.
(a) Scope of major action. Certificate of
need applications are subject to SEPA requirements whenever the applicant
proposes to construct a new hospital or to construct major additions to the
existing service capacity of such an institution: Provided, That such
applications are not subject to SEPA requirements when the proposed
construction consists of additions which provide less than 12,000 square feet
of floor area and with associated parking facilities designed for 40
automobiles or less: Provided further, That certificate of need applications
for "substantial acquisitions" are not subject to SEPA requirements.
(b) Timing and procedures for hospital
certificates of need. Where a state or local agency other than the department
is lead agency for hospital construction, the department shall not issue a
certificate of need approving this hospital construction until the applicant
has supplied it with a determination of nonsignificance or a final EIS, and
until seven days after the issuance by the lead agency of any final EIS.
Nothing in this subsection shall preclude the department from making a
commitment to issue a certificate of need to an applicant subject to the timely
receipt of an appropriate environmental impact statement or determination of
nonsignificance.
(5) Approval of sewerage general plans and/or water general plans described in RCW 36.94.010.
(a) Scope of major action. Sewerage general
plans and water general plans shall mean and include those described in
RCW
36.94.010.
(b) Timing and procedures for water general
plans. Every water general plan submitted by a county to the department for
review and approval shall be accompanied by either a determination of
nonsignificance or a final EIS.
(6) Plans and specifications for new sewage treatment works or for major extensions to existing sewage treatment works pursuant to chapter 246-271 WAC.
Scope of major action. Plans and specifications for new sewage treatment works or for major extensions to existing sewage treatment works are those which are reviewed and approved by the department pursuant to WAC 246-271-050.
(7) Construction of any building, facility or other installation for the purpose of housing department personnel or for prisons or for fulfilling other statutorily directed or authorized functions.
(a) Scope of major action. The construction
of buildings, facilities or other installations for the purpose of housing
department personnel or for other authorized functions shall be subject to SEPA
requirements, but such construction shall not be subject to SEPA requirements
when it consists of additions which provide less than 12,000 square feet of
floor area and with associated parking facilities designed for 40 automobiles
or less.
(b) Timing and procedures.
(i) The responsible official shall, prior to
the request for construction bids, prepare an environmental checklist for each
construction project of the type described in (a) of this subsection.
(ii) Within 15 days of the request for
construction bids, the responsible official shall make (A) a written
declaration of nonsignificance where the responsible official determines that
the proposed construction will not have a significant adverse environmental
impact or (B) a written declaration of significance where the responsible
official determines that the proposed construction will have a significant
adverse environmental impact.
(iii)
Where the responsible official has made a determination of significance, the
preparation of the draft and final EIS shall be in compliance with WAC
197-11-400 through
197-11-620,
and shall be the responsibility of the responsible official. Unless the scope
or complexity of the proposal indicates otherwise, the final EIS shall be
completed within 60 days of the end of the comment period for the draft
EIS.
(iv) See subsection (1)(c)(vi)
of this section.
(v) The
responsible official shall mail to the department of ecology headquarters
office in Olympia for listing in the "SEPA register" a copy of any
determination of nonsignificance, a copy of the draft EIS, and a copy of the
final EIS. Copies of the draft EIS shall also be mailed to those agencies
identified in WAC
197-11-455, and
of the final EIS to those agencies identified in WAC
197-11-460. The
responsible official shall also give public notice in the form and manner
specified in
RCW
43.21C.080 of the determination of
nonsignificance or final EIS.
(8) Approval of final plans for construction of a private psychiatric hospital pursuant to WAC 246-322-020, or construction of an alcoholism treatment facility pursuant to WAC 246-326-020.
(a) Scope of major action. The
approval of final plans for construction of a private psychiatric hospital
pursuant to WAC
246-322-020,
or construction of an alcoholism treatment center pursuant to WAC 246-326-020
shall be subject to SEPA requirements: Provided, That such construction shall
not be subject to SEPA requirements when it consists of additions which provide
less than 12,000 square feet of floor area and with associated parking
facilities designed for 40 automobiles or less.
(b) Timing and procedures for construction of
the type described. Where a state or local agency other than the department is
lead agency for construction of the type described in (a) of this subsection,
the department shall not approve final plans for construction of a private
psychiatric hospital or alcoholism treatment center until the applicant for
such approval has supplied the department with a final declaration of
nonsignificance or a final EIS for the construction in question, and until
seven days after the issuance by the lead agency of any final EIS.
Statutory Authority: RCW 43.21C.120. 92-02-018 (Order 224), § 246-03-030, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), § 246-03-030, filed 12/27/90, effective 1/31/91.
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