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I73-e3-0JO

Chapter' 173-03 WAC

PUBUC RECORDS

Purpose.

Definitions.

Deacription of orpnization.

Public records available.

Records index.

Requats ror public records.

Feca.

Statement 01rcuon for denial or public records

request.

Reviews of denial 01public rccords requat.

Protection or public records.

Repealed by 78-04-090 (Order DE 71-5). filed

4/4/78. Statutory Authority: RCW 43.2IC.I20.

Severability. [Order DE 76-12,1113-800-910. filed

5/14/76.) Repealed by (Order DE 71-5).

filed 4/4/78. Statutory Authority: RCW 43.21C.120.

Laterpromulptioa. aee WAC 173-801-130.

<

<, Department of Ecology

Olympia, Washington 98504

(b) The offices of the director. deputy director. and

assistant directors all are located in the headquarters

office.

(c) The titles and responsibilities of the six assistant

directors are as follows:

(i) Assistant director for water programs - water

quality. water resources. .

(ii) Assistant director for air programs - air qua'

air monitoring.

(iii) Assistant director for land programs -

waste. shorelines.

173-800-910

WAC 173-03-010 PtII'pOSe~ The purpose of this

chapter is to implement the requirements of sections 25

through 32, chapter I, Laws of 1973 (RCW 42.17.250-

42.17.320) relating to public records. [Statutory Authority: RCW 42.17.250 - 42.17.340. 7~2-04l.. (Order

DE 77-35), § 173-03~IO, filed 1/17/78.]

WAC 173-03-020 DefUJitions. (I) The terms "person," "public record," and "writing" shall have the

meanings as stated in RCW 42.17.020.

(2) "Department" means the department of ecology.

(3) "Director" means the director of the department.

(4) "Public records officer" means the records manager of the department.

(5) "Designee" means the employee of the department

designated by the director or the public records officer

to serve as the publicrecords officer·'at the centraloffice

or at each of the regional offices in the absence of the

officer. [Statutory Authority: RCW 42.17.250 - 42.17-

.340. 78~2~41 (Order DE 77-35), § 173~3~20.

filed 1/17/78.]

WAC 173-03-030 Description or organization. (I)

Headquarters office.

(a) The headquarters office is located on the campus

of S1. Martins College, Lacey, Washington. The mailing

address is:

WAC

173~~10

173~~20

17~~30

17~3-040

17~~5O

17~J-060

17~~70

11~~

17~3-090

17~3-IOO

PubUc Records

173-100-520, filed 5/14/76.) Repealed by 7~

090 (Order DE 71-5), med 4/4/78. Statutory

Authority: RCW 43.2IC.l1O.

Raponsibiliticlot CODIulted alencia-When

predraft oonsultation bas~. [Order DE 76-12.

I 173-800-530, raJod 5/14/76.) Repealed by 7~

090 (Order DE 71-5), med 4/4/78. Statutory

Authority: RCW 43.2IC.l1O.

COlt of performance of consulted agency

raponsibiiJitia. (Order DE 76-12. I 173-800-535.

riled 5/14/76.) Repealed by 7~ (Order DE

78-5). filed 4/4/78. Statutory Authority: RCW

43.2IC.I20.

Limitations on raponscs to consultation. (Order DE

76-12. 1 J7J-800-540. filed 5/14/76.) Repealed by

7~(Order DE 71-5). filed 4/4/78. Statutory

Authority: RCW 43.2IC.l20.

Effect of no written comment. (Order DE 76-12. 1

173-800-5045. filed 5/14/76.) Repealed by 78-04-

090 (Order DE 71-5). filed 4/4/78. Statutory

Autbority: RCW 43.2IC.I20.

Consulted aJCTlCY coordination. (Oreler DE 76-12. 1

173-800-550. filed 5/14/76.) Repealed by 78-04-

090 (Order DE 78-5). filed 4/4/78. Statutory

Autbority: RCW 43.2IC.l20.

Preparation or the final EIS-Contents-When no

critical comments received on the draft EIS. (Order

DE 76-12.1173-800-570. filed 5/14/76.) Repealed

by 7~0 (Order DE 78-5). filed 4/4/7S.

Statutory Authority: RCW 43.2 IC.120.

Preparation of the final EIS-Contents-When

critical comments received on the draft EIS. (Order

DE 76-12.1173-800-580. filed 5/14/76.) Repealed

by 78-04-090 (Order DE 78-5), filed 4/4/7S.

Statutory Authority: RCW 43.21C.120.

Circulation of the final EIS. (Order DE 76-12. I

I73-8Q0-600. filed 5/14/76.) Repealed by 78~

090 (Order DE 78-S). filed 4/4/7S. Statutory

Authority: RCW 43.2IC.120.

Effect of In adequate final EIS prepared pursuant to

NEPA. (Order DE 76-12. S 173-8~SO. filed

5/14/76.) Repealed by 78~ (Order DE 7S-S),

filed 4/4/7S. Statutory Authority: RCW 43.2IC.120.

Supplementation by a lead agency of an inadequate

final NEPA EIS. (Order DE 76-·12. f 173-800-652.

rlied S/14/76.) Repealed by 78~ (Order DE

78-S). filed 4/4/78. Statutory Authority: RCW

43.21C.120.

Use of previously prepared EIS for a different

propOsed action. (Order DE 76-12. S 173-800-660:

filed 5/14/76.) Repealed by 7S~ (Order DE

78-S). filed 4/4/7S. Statutory Authority: RCW

43.2IC.120.

Use of lead agency's EIS by other acting agencies for

the same proposal. (Order DE 76-12. 1 173-800-

690. filed 5/14/76.) Repealed by 7S~ (Order

DE 71-5). filed 4/4/78. Statutory Authority: RCW

43.2IC.I20.

Draft and final supplements to a revised EIS. (Order

DE 76-12. t 173-800-69S. riled 5/14/76.) Repealed

by 78~~ (Order DE 78-5). filed 4/4/78.

Statutory Authority: RCW 43.21C.120.

EIS combined with existing planning and review

processes. [Order DE 76-12, § 173-S00-lIQ, filed

S/14/76.} Repealed by 78~ (Order DE 78-S).

filed 4/4/7S. Statutory Authority: RCW 43.21C.120.

Responsibility of agencies-Amendments to this

chapter. [Order DE 76-12. I 173-800-SI0. filed

5/14/76.) Repealed by 7S~0 (Order DE 7S-5),

filed 4/4/7S. Statutory Authority: RCW 43.21C.120.

Responsibility of agencies-SEPA public information

center. [Order DE 76-12, S 173-800-S30, filed

S/l4/76.) Repealed by 7S~ (Order DE 7S-5),

filed 4/4/78. Statutory Authority: RCW 43.21C.120.

Application of these guidelines to .on-going actions.

(Order DE 76-12. S 173-800-840. filed S/14/76.)

173-800-695

I73-800-S10

173-800-710 .

173-800-690

173-800-840

173-800-660

173-800-652

173-800-650

17~580

173-800-570

173-800-550

173-800-545

173-800-540

17~530

173-800-535

• 173-800-S30

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Name _

REQUEST FOR PUBUC RECORDS

Date • ___________ Time- _

f WAC 173-03-060 Requests for public records. (I)

All requests for inspection or copying made in .son at

a department office shall be made on a form substantially as follows:

·',\.•- -:?~ •..~., '~"" '.~f·: -: - . ...··-·f.. .. ~'" ". ...... ~~... ." ..: ....

',. ' . :, ::·...~l·'Ii ne"department

~-tl-~··.do.- mabiiaui u index 01jus~ tlle ~terial listed in -;,~",: ..:..". " RCW 42.17.260. It docs maantalft for Its .own. usc. a

airjn.__ .p.r!- ·Rcciorck Management ~ures Manual WhiCh, an- .' , . ,. - .'.iiiid~!i_lli!~it.; iI...•;, . dexes the Iocatioa. of ca.teg~nes of all records, not Just

--:) AM '.' 6 .-T lWeI ,. tioal- cnfon:e- public records, which elust an the department. The man-

~~.~" . opera ual is availa~le to the public fo~ inspection and copying.

(d) Tbe otrlCCl ot'pebKc atrain and lepl drain. also ~ith the assIStance of the public records o~ficer or des-

... at tiN bcadquatten otrfCe. ignee, any person .can obtain access -to public records of

(2) RqioaaJ otraca and their gcographical jurisdic- the department using the manual.

tioalare u follows: Because of the existence of the manual. the depart-

(a) Northwest regional office (Whatcom, Skagit, ment has not developed any other index for its own use.

Snohomish, San Juan, Island, King, and Kitsap and it would be unduly burdensome to develop such an

l"JOunties): " index merely for the material listed in RCW 42.17.260.

\ 4350 _ 150th Avenue N.E. (Statutory Authority: RCW 42.17.250 - 42,17.340.78-

Redmond, Washington 980S0 02-{)41 (Order DE 71-3S), § 173-<l3-<lSO, filed

1/17/78.]

(b) Southwest regional office (Pierce, Thurston, Mason, Clallam, Jefferson, Grays Harbor, Pacific, Lewis,

Cowlitz, Wahkiakum, Clark, and Skamania counties):

7272 Cleanwater Lane

Tumwater, Washington 98S04

(c) Central regional office (Okanogan, Chelan,

Douglas, Kittitas, Yakima, Benton, and Klickitat

counties):

2802 Main Street

Union Gap, Washington 98903

2015 South First Street

Yakima, Washington 98703

(Environmental Quality Section)

•

(d) Eastern regional office (Ferry, Stevens, Pend

Oreille, Grant, Lincoln, Spokane, Adams, Whitman,

Franklin, Walla Walla, Columbia, Garfield, and Asotin

counties):

103 East Indiana

Spokane. Washington 99207

[StatutoryAu~~C?rjtY:...RGW 42.17.250 - 42.17.340. 1~~

-. 02-<l4r-(Order DE" 77-35), § 173-<l3-<l30, filed

1/17/78.]

WAC 173-03-040 Public records a,ail.ble. (I) All

public records of the department are available for public

inspection and copying pursuant to these rules subject to

subsections (2), (3), and (4) 'of this section.

(2) Availability of public records is subject to the exemptions and requirements of RCW 42.17.310.

(3) When a public record includes information the

disclosure of which would lead to an unreasonable invasion of personal privacy, and the department becomes

aware of this fact, the department shall delete such information before making the record available.

(4) Public records requested may not be readily available for immediate inspection. If the requested records

are not readily available. the department shall notify the

requester when and where such recorda will be available.

(Statutory Authority: RCW 42.17.250 - 42.17.340. 78-

(Order DE 77-35), § 173-O3~40. filed

17/78.}

de 173 WAC-fI 101

Address _

Description of Records:

I certify that lists of names obtained through this request for public records will not be used for political or

commercial purposes.

.r:: -:.~-:-._ ..,,_...... ;. ..;~=-~ .~:_ .". _.'X .. c-z:':_ .

Signature

Number of copies _

Number of pages _

Per page charge $ _

Total charge $ _

(2) All requests made in person may be made at a

department office between the hours of 8:00 a.m. to

12:00 noon and 1:00 p.m, to 4:00 p.rn., Monday through

Friday, excluding legal holidays.

(3) A request for inspection or copying of public records may be' made by mail in a letter containing the

following information:

(a) The name and address of the person making the

request and the organization the person represents;

(b) The time of day and calendar date on which the

person wishes to inspect the public records;

(c) A description of the public records requested;

(d) A statement whether access to copying equipment

is desired;

(1983 E/

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173-04-010

Hearings boards.

Uniform procedural rules.

Chapter 173-04 WAC

PRACTICE AND PROCEDURE

WAC

173~IO

173~20

WAC 173-04-010 Hearinp boards. Appeals from

decisions and orders of the department of ecology are

under the jurisdiction of the pollution control hearings

board. Practice and procedure before the pollution control hearings board is governed by the provisions of

chapter 371--oS WAC. Declaratory proceedings under

the Shoreline Management Act of 1911 (section 18(4),

chapter 286, Laws of 1971 ex. sess.) arc under the jurisdiction of the shorelines hearings board. (Order DE 71:-

14, § 173--o4--Q10, filed 9/3/71.]

director or his deleP.te shalt immediately consider the

matter and either affirm or reverse such refusal. The final decision shall be sent to the objecting person within

two business days following receipt of the petition for

review. (Statutory Authority: RCW 42.17.250 - 42~17­

.340. 78--02--041 (Order DE 77-35), § 173--03--090.

filed 1/11/18.]

WAC 173-03-100 Protectioa o( public records. In

order to adequately protect the public records of the department, the following guidelines shall be adhered to by

any person inspecting such public records:

. (I) No public records shall be removed from the department's premises.

(2) Inspection of any public record shall beconducted

in the presence of a designated department employee.

(3) No public records may be marked or defaced in

any manner during inspection. •

(4) Public records, which are maintained in a file or

jacket. or chronological order, may not be dismantled

except for purposes of copying and then only by the

public records officer or designee. .

(5) Access to file cabinets. shelves, vaults, and other

storage areas is restricted to department personnel, unless other arrangements are made with the public records officer or designee. [Statutory Authority: RCW

42.17.250 - 42.17.340.78--02--041 (Order DE 77-35), §

173--03-100, filed 1/17/78.]

PraCtice AM Procedure'" .

WAC 173-03-080 Statement o( rea.soa (or denial o(

public records request. When the department refuses. in

whole or part, a written request for inspection of any

public record. it shall include a statement of the '~pecific

exemption authorizing the refusal and a brief explanation of how the exemption applies to the record withheld.

[Statutory Authority: RCW 42.17.250 - 42.17.340.78-

02--041 (Order DE· 77-35), § 173-03~SO. filed

1/17/78.)

. (e) A phone number where the person can be reached

in case the public records officer or designate needs to

contact the person for further description of the material

or any other reason.

(0 A sta~ement that the record will not be used for

commercial purposes.

(4) All requests by mail must be received by the department at least three business days before the requested date of inspection to= allow ~he- 'public records

officer or deslgnee"lif'make certain the requested records

are available and not exempt and. if necessary, to contact the person requesting inspection. .

(5) The department may in its discretion fil} requests

made by telephone. (Statutory Authority. RCW 42.17-

.250 - 42.17.340. 7S~2~1 (Order DE 77-35), § 173-

03~, filed 1/17/7S.)

WAC 173-03-070 Fees. No fee shall be charged for

the inspection of public records. For printed. typed. and

written material of a maximum size of S 1/2" by 14·,

the department shall charge a reasonable fee. determined from time to time by the department, for providing copies of public records and for use of the

department's copy equipment. payable at the time copies

are furnished. This charge is the amount necessary to

reimburse the department for its actual costs incident to

such copying and shall not exceed 20 cents per copy. For

copies from microfilm, the charge shall not exceed 40

cents per copy. Copies of maps. photos. reports, and

other nonstandard items shall be furnished at the regular

price established by the department. When other special

copy work for nonstandard items is requested. the fee

charged will reflect the total cost, including the time of

department personnel. [Statutory Authority: RCW 42-

.17.250 - 42.17.340. 78--02--041 (Order DE 77-35), §

173--03--070, filed 1/17/78.]

WAC 173-0~ Re,lew! o( denial o( public records request. (I) Any person. who objects to the refusal

of a written request for a public record may petition for

prompt review of such decision by tendering a written WAC 173-04-020 Uniform procedural rules. In

request for review. The written request shall specifically those contested cases. declaratory proceedings. and rerefer-to' the written statement by the public records offi- quests for rule making in which the department of ecolcer or designee which constituted or accompanied the ogy has authority to conduct hearings, practice and

r refusal; .. OJ ;~ ~. _.t' " '. :.' . . .... procedure. shall. be in accordance with: those uniform

.-

\ ~2) Immcdlau.rJ a.fter. rCCCtvlO8 a written request for rules promulgated b.y the code reviser. and codified as

•... 44.N.......*ti.,a'iCIlM"~1~·'ft:iCtJ~flie"pQbn'C··'···dtaptCitl-:oltWA'C·U nOw' 'written or as he''-eafter .'.

. .. records'officer ~. other sta~f member denying there-: amended:... [Order' DE' 71-'14, § I13--o4--Q20, filed

quest shall refer It to the director or his delegate. The 9/3/71.]

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(1983 Ed.) ..,..•••&-.e- ._.-."•• _ ••.. ' "'••••: ". , :'. ",,'" " , ~............... .'" '0 •• "••. _.3------------.......__
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