# Chapter 173-03 WAC PUBLIC RECORDS

WAC 173-03-010 " 'Purpose. 173-o3.:.Q20 Definitions. 173-03-030 Description oforganization. 173-03-040 Public,records available. 173-03-050 Records index. 173-03-060 Requests for public records. 173-03-070 Fees. 173-03-080 Statement ofreason for denial ofpublic records request. 173-03-090 , Reviews ofdenial ofpublic records request. 173-03-100 ,Protection ofpublic records.



### WAC 173-03-010 Purpose. The purpose of this chapter is to implement the requirements of sections 25 through 32, chapter I, Laws of 1973 (ReW 42.17.250

­ 42.17.320) relating to public records. [Statutory Authority: RCW 42.17.250-42.17.340. 78-02-041 (Order DE**77~35),** 

### § 173-·03-0I0, filed 1/17/78.]



### W**AC173~03~020** 

### Definitions. (I) The terms "person," i'public record," and "writing" shall have the meanings as stated in RCW 42.17.020.

(2) "Department" means the department ofecology. (3l"Director" means the director ofthe department. (4) "Public Records Officer" means the records manager ofthe department. (5) "Designee I' means the empluyee ufthe department designated by the directur ur the public recurds officer to serve as the public recurds officer at the central office ur at cach of the regiunal urriccs in the absence uf the officcr. [St<itutory Authority: RCW 42.17.250---42.17­

.340. 78--02-041

.(Order DE 77·-35), § 173-03-020, filed 1/ 17/78.1



### W'ACI73-0J-030 Description of or2anization. (I) 

### Headquarters Office

.

(a).The headquarters office is .Iocated on the campus ofS1. Martins College, Lacey, Washington. The mailing address'is: 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 arc as follows: ' . (i) assistant director for watcr programs ,-- watcr quality. water rcsources.

, (ii),assistantdirector for air progrums -. air quality. air'monitoring. (iv) assistant director for comprehensive programs
­ major industries, tax credits for pollution,control ex-" penditures, environmental review. (v) assistant director for external affairs

- depart-: : ment liaison with other agencies. , (vi) assistant director: for field operations

- enforcement, regional affairs. ' (d) The offices of public affairs and legal affairs, also are at the headquarters office. (2) Regional offices and their geographical jurisdictions are as follows: (a) Northwest regional office (Whatcom, Skagit, Snohomish, San Juan, Island, King, and Kitsap coun:­ ties): ' 4350

- 150th Avenue N.E. Redmond, Washington 98050 (b) Southwest regional office (Pierce, Thurston, Mason, Clallam, Jefferson, Grays Harbor, Pacific; Lewis, Cowlitz, Wahkiakum, Clark, and Skamania counties): 7272 Cleanwater Lane Tumwater, Washington 98504 (c)

.Central regional office (Okanogan, Chelan, Douglas, Kittitas, Yakima. Benton, and Klickitat coun­

, ties): 2802 Main Street Union Gap, Washington 98903 2015 South First Street Yakima, Washington 98703 (Environmental Quality Section) (d) Eastern regionaI office (Ferry,**~tevens,** Pend' Oreille, Grant. Lincoln, Spokane, Adams. Whitman• Franklin, Walla Walla, Columbia, Garfield, and Asotin counties):' ' 103 East Indiana Spokane. Washington 99207' [Statutory Authority: RCW 42.17.250-42.17.340. 78-:" 02-041 (Order DE 77-35), 

### § 173-03-030, file,d 1/17/78.]



### WAC 173-03-040 Public records available. (I) All public records ofthe department are available forpublic' 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

# exemptionsand ,'cquirements of RCW 42:17.310. ' (3) When a public record includes information the disclosure uf which 'would lead to an unreasonable invasion of personal privacy, and the department becomes aware of this fuct. the department shall delete such in­ 

# • (iii) 'ussistan', director for land programs ,-'" solid formation before making the record available. wilste. shorClincs

. (4) Public records requested may not be readily avaH:.. abie for immediate inspection. ,If the requested records
(1/17/78) 

### leh. 173-03WAC-pI]173-03-040 I)ubllc R",'

...'ords

are not readily available, the department shul1 notify. the (n) the nUllle und address of the person I'luking the 

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requesterwheri andwhcre such records wil1 be availablc. [Statutory Authority: RCW**42~** 17.250-·-42.17.340. 78-· 02-o4i (Order DE 77-35), 

### § 173-··03--040, filed 1/17/78.]

.. WAC 173-03-050 Records index. The department does notmaintain an index ofjust the material listed in RCW 42.17.260. 

### It does maintain for its own' use a "Records Management Procedures Manual II which indexes.the location of categories of all records, not just public records, which exist in the department. The manualis available to the public for inspection and copying. With the ass'istance of the public records officer or dcsignee, any person .can obtain access to public rccords of thc department using the manual. Because of the existcnce of the manual, the dcpartment has not developed any other index for its own use, and it would be unduly burdensomc to dcvelop such an indcx mcrely for thc material listed in RCW 42.17

..260. [Statutory Authority: RCW 42.17.250··_··42.\7.340. 78·­ 02.:..041 (Order DE 77--35), 

### § \73-0J-050, filcd 

## IIt

### 7/78.]

WAC 173-03-060 Requests for public records. (I) All requests for inspection or copying made in person at a department office shall be made on a form substantia:tly as follows:

. REQUEST FOR PUBLIC RECORDS Date_

______________ Time .;
_ Name**_~** _ Address
Description of Records:

_."-

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## -­**.~** .**-~---------.------------------------~----------** I" certify that lists of names obtained through this requcst for public records will not be used for political or commercial purposes. Signature Number ofcopies

_ Number ofpages
_ 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.m., Monday through Friday, excluding legal holidays.

(3) A request for inspection or copying of public records may be made by mail in a lettcr containing the fol1owing information: 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 ofthe public records requested; (d) a statement whether access to copying cquipment is desired;

. . .' (e) a phone number whcre the person can bereached in case the public records officer or designatenc'cqs to contact the'person for further description ofthe material or any other reason. '

.. (f) a statement that the record will not be used.Jor commercial purposes.
. . . .' (4) Al1 rcquests by mail must be rece.ived by thc.de­ purtment at least three business days before the request­ cd date of inspection to allow the public records'officer or designee to make certain the requested records are uvailable and not exempt and, if" necessary, to contact thc person requesting inspection. (5) The departlllent Illay in its discretion fill requests made by telephone.'IStatutory Authority: RCW 42.17­ .25()··-42.17.340. 7X ·()2()41 (Order DE 77-35), §'17J-_· 03-060, filed 1/17/7X.\

.
WAC 173-03-070 Fees. No fee shall be charged for the inspection of public records. For printed,**type~,** and written material of a maximum sizc of 8 1/2"byl 14\ the department shall charge a reasonable fee, deter;" mined from time to time by the dcpartment, for providing copies of public records and for· use of. the 

# O· department's copy equipment, payable at the timt!copies are furnished. This charge is the amount necessary to reimburse thc 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 excecd 40 cents per copy. Copics of maps, photos, reports, and other nonstandard itcms shaH bc furnished at the regular price established by the department. Whcn other special copy work for nonstandard items is rcquested, the fee charged wiH reflect the total cost, including the time of department pcrsonnel. [Statutory Authority: RCW 42­ .17.250-42.17.340. 78---02-04\ (Order DE 77-35), § 173-03-070, filed \ / 17/78.]

WAC ·173-03-080 Statement.ofreason for denial'of 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 specific exemption authorizing the refusal and a brief explana­ tion ofhow theexemption applies to the recordwithheld; [Statutory Authority: RCW 42.17.250-42.17.340. 78-

. 02-041 (Order DE 77-35),. 

### § 173-.,03-:-080, filed 1/17/78.]

WAC 173-03-090' Reviews of denial of .public records request. (I) Any pcrson who objects to therefusal of a written .request for a public record may petition for

. prompt revicw of such decision by tcndering a written 

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requcst for review. Thc written requcst shall specifically

[Cb. 173-03WAC-p 1] (1/17/78)I'


### 173-03-:'100'

. Public Records 

# • rcfcrtothe written statement by the public records officer or 'designee which constituted or accompanied the refusal. (2) Immediately after receiving a written**requ~st** 

### for review ofadecision denying a public record, the public records' officer or other staff member denying the request.shall referit to the director or'his delegate. The director or his delegate shalf 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'l/l7/78.]**-~** .':



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(1/17/78) (Ch•.173-03WAC

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