Management Support Policy 6890: State Environmental Policy Act Compliance

POLICIES AND AUTHORITY
The district adopts by reference the policies of the State Environmental Policy Act as expressed in RCW 43.21C.010 and RCW 43.21C.020.

ADOPTION BY REFERENCE.
The district adopts by reference the following sections or subsections of chapter 197-11 of the Washington Administrative Code.

ADDITIONAL DEFINITIONS
In addition to those definitions contained within WAC 197-11-700 to 197-11-799, the following terms shall have the following meanings, unless the context indicates otherwise:

1. District:  District means the Port Townsend School District No. 50, Jefferson County, state of Washington.
2. SEPA Rules: SEPA Rules means WAC Chapter 197-11 adopted by the Council on Environmental Policy.

SUBSTANTIVE AUTHORITY
The policies and goals set forth herein are supplementary to those in the existing authorization of the district. The district establishes the following criteria as the basis for exercising authority relative to environmental issues. The district 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:

1. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations.
2. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings.
3. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, 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 individual choice.
6. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities.
7. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

The district 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.

ENVIRONMENTALLY SENSITIVE AREAS
In its actions, the district shall respect “environmentally sensitive areas” and their modified exemption criteria which have been adopted and displayed by local governments pursuant to WAC 197-11-908.

Actions which shall be located wholly or partially within an environmentally sensitive area are to be treated no differently than other actions under these guidelines. A threshold determination shall be made for all such actions, and an EIS shall not be automatically required for a proposal merely because it is proposed for location in an environmentally sensitive area.

USE OF EXEMPTIONS
To determine whether or not a proposal is exempt, the district shall ascertain the total scope of the proposal and the governmental licenses required. If a proposal includes a series of actions, physically or functionally related to each other, some of which are exempt and some which are not, the proposal is not exempt and the district must complete a threshold determination.

If a proposal includes both exempt and nonexempt actions, exempt actions may be authorized with respect to the proposal prior to compliance with the procedural requirements of these guidelines subject to the following limitations:

1. No nonexempt action shall be authorized.
2. No action shall be authorized which shall irrevocably commit the district to approve or authorize an action.
3. The district may withhold approval of an exempt action which would lead to modification of the physical environment, when such modifications would serve no purpose if later approval of an action is not secured; and
4. The district may withhold approval of exempt actions which would lead to substantial financial expenditures by a private applicant which would serve no purpose if later approval of an action is not secured.

LEAD AGENCY DETERMINATION AND RESPONSIBILITIES
The district is lead agency for the proposals it initiates and is responsible for compliance with SEPA regulations.

ENVIRONMENTAL CHECKLIST
Except as provided in WAC 197-11-315 the school district must complete an environmental checklist (WAC 197-11-960) for any proposal that meets the definition of action (WAC 197-11-709), and is not categorically exempted in WAC 197-11-800 and 880. This checklist shall be the basis for the threshold determination.

For all proposals for which the district is the lead agency, the responsible official of the district shall make the threshold determination pursuant to the criteria and procedures of WAC 197-11-300 through 360.

PREPARATION OF EIS
The draft and final EIS shall be prepared either by the responsible official or his/her designee or a consultant retained by the school district.

In the event that an EIS is to be prepared by a consultant, the responsible official shall assure that the EIS is prepared in a responsible manner and with appropriate methodology. The responsible official shall direct the areas of research and examination to be undertaken, as well as the organization of the resulting document.

No matter who participates in the preparation of an EIS, it must be approved by the responsible official prior to distribution.

PUBLIC NOTICE
The district will establish a mailing list for those interested citizens who wish to be informed regarding documents the district issues that require public notice. If deemed appropriate by the responsible official, the school district will place appropriate notice in the paper of general circulation which serves the area.

DESIGNATION OF OFFICIAL TO PERFORM CONSULTED AGENCY RESPONSIBILITIES FOR THE DISTRICT
The superintendent or his designee shall be responsible for the preparation of the written comments for the district in response to a consultation request prior to a threshold determination, participation in pre-draft consultation or reviewing a draft EIS.

The official designated in paragraph 1 shall be responsible for compliance by the district with WAC 197-11-400 through 460 wherever the district is a consulted agency, and he/she is authorized to develop operating procedures which shall ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the district.

DESIGNATION OF RESPONSIBLE OFFICIAL
For those proposals for which the district is the lead agency, the responsible official shall be the superintendent or his/her designee. The responsible official shall make the threshold determination, supervise preparation of any required EIS and perform any other functions assigned to the “lead agency”.

FEES
No fee shall be collected by the district for performing its duties as a consulted agency.

The district may charge any person for copies of any document prepared pursuant to the requirements of this ordinance and for mailing thereof, in a manner provided by RCW Chapter 42.17.

NOTICE/STATUTE OF LIMITATIONS
The district may publish notice of action pursuant to RCW 43.21C.080 for any action to establish a time limit for judicial appeals.

The form of the notice shall be as prescribed by the department of ecology and/or substantially in the form and manner set forth in RCW 43.21C.080. The notice shall be published by the district secretary pursuant to RCW 43.2lC.080.

SEVERABILITY
If any provision of these regulations or its application to any person or circumstances is held invalid, the remainder of these regulations or the application of the provision to other persons or circumstances shall not be affected.

EFFECTIVE DATE
These guidelines shall become effective on January 26, 1999.

ADOPTED: October 11, 1984
REVISED: February 9, 1998
REVISED: January 25, 1999
REVISED: November 24, 2003

Back to Top