Chapter 173-03 WAC
 

PUBLIC RECORDS
 

WAC
 

173-03-010 " 'Purpose.
 

173-o3.:.Q20 Definitions.
 

173-03-030 Description of organization.
 

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 of reason for denial of public records
 

request.
 

173-03-090 , Reviews of denial of public records request.
 

173-03-100 , Protection of public 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-·03-0 I 0, filed 1/17/78.] 

WAC173~03~020 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 of ecology. 

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

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

(5) "Designee I' means the empluyee uf the 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 

of S1. 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) ,assistant director 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 regiona I 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 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 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

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(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. 173-03 WAC-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 G 

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 not maintain an index of just 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 

II t 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: 

_."- -- --". _. --- - --- ---'. -- -- - - - - ---- - - - - - -". -- - -- -­

.~ . 

-~---------.------------------------~----------

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

commercial purposes. 

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.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 of the public records requested; 

(d) a statement whether access to copying cquipment
 

is desired; . . .'
 

(e) a phone number whcre the person can be reached
 

in case the public records officer or designatenc'cqs to
 

contact the' person for further description of the 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
 

uvaila ble 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. of reason 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 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-:-080, filed
 

1/17/78.]
 

WAC 173-03-090' Reviews of denial of .public records request. (I) Any pcrson who objects to the refusal 

of a written .request for a public record may petition for 

. prompt revicw of such decision by tcndering a written 0\. 

requcst for review. Thc written requcst shall specifically 

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

Public Records 173-03-:'100' .

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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 ofa decision denying a public record, the public 

records' officer or other staff member denying the request. shall refer it 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•. 173-03 W AC.....p 3J