• 17}-800-B30

•

173-03-030

Chapter 173-03 WAC

PUBUC RECORDS

Purpose.

Definitions.

Description of organizatloa.

Public recorda available.

Recorda index.

Requats for public recorda.

Fca.

Statement of reason for denial of public recorda

request.

Revicws of denial of public recorda request.

Protection of public records.

Repealed by 7~0 (Ordcr DE 78-S), filed

4/4/78. Statutory Authority: RCW 43.2IC.120.

Severability. [Ordcr DE 76-12, 117}-8QG-910. filed

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 Repealed by 7~ (Order DE 78-S).

filed 4/4/78. Statutory Authority: RCW 43.2IC.120.

Later promulgation. ICC 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 silt 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.

/7}-800-910

17~3-090

17~3-IOO

WAC

173~~10

173~~20

17~~30

173~3-040

173~~SO

17~3-060

17~~70

17~3-080

WAC 173-03-020 Definitions. (l) 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-public records officer-at the central office

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

officer. [Statutory Authority: RCW 42.17.250 - 42.17-

.340. 78--02--041 (Order DE 77-35), § 173--o3~20,

filed 1/17/78.]

WAC 173-03-030 Description of organization. (1)

Headquarters office,

(a) The headquarters office is located on the campus

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

address is:

WAC 173-03-010 Purpose~ The purpose of this

chapter is to implement the requirements of sections 25

through 32, chapter 1, Laws of 1973 (RCW 42.17.250-

42.17.320) relating to public records. [Statutory Authority: RCW 42.17.250 - 42.17.340. 78~2-041 (Order

DE 77-35), § 173~3~1O. filed 1/17/78.]

PubUc Records

17}-8QG-S20, filed S/I4./76.} Rcpealed by 7~

090 (Ordcr DE 78-S),' filed 4/4/78. Statutory

Authority: RCW 43.2tC.I20.

Raponsibilitia of consulted agcncies-Wbcn

prcdraft consultation bu occurred. [Ordcr De 76-12,

I 17}-800--S30, filed S/14/76.) Repealed by 78..04-

090 (Ordcr DE 78-S), filed 4/4/78. Statutory

Autbority: RCW 43.2IC.120.

Cost of performance of consulted agcncy

raponsibiilitia. [Order DE 76-12. I I73-300-S3S,

filed 5/14/76.) Rcpealed by 78~ (Order DE

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

43.2IC.120.

Limitations on responses to consultation. [Order DE

76-12, I I73~OO-540. filed 5/14/76.) Repealed by

7i-04-090 (Ordcr DE 78-S), filed 4/4/78. Statutory

Authority: RCW 43.2IC.120.

Errect of no written commcnt. [Order DE 76-12, I

17}-8QG-545, filed S/14/76.) Repealed by 78..04-

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

Authority: RCW 43.2IC.120. .

Consulted agency coordination. [Order DE 76-12, 1

17}-800--SSO. filed 5/14/76.) Repealed by 78..04-

090 (Ordcr DE 78-S), filed 4/4/78. Statutory

Authority: RCW 43.21C.120.

Preparation of the final EIS-Contents-When no

critical comments received on the draft EIS. [Order

DE 76-12,117}-800-570, filed 5/14/76.} Repealed

by 78~~90 (Order DE 78-5), filed 4/4/78.

Statutory Authority: RCW 43.21C.120.

Prcparation of the final EIS-Contents-When

critical comments received on the draft EIS. [Order

DE 76-12,117}-800-580, filed 5/14/76.) Repealed

by 78~~90 (Order DE 78-5), filed 4/4/78.

Statutory Authority: RCW 43.21C.120.

Circulation of the final EIS. [Order DE 76-12. §

173-800-600. filed 5/14/76.) Repealed by 78..04-

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

Authority: RCW 43.2IC.120.

Effect of an adequate final EIS prepared pursuant to

NEPA. [Order DE 76-12. I 173~()()"'o50. filed

5/14/76.) Repealed by 78~0 (Order DE 78-5),

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

Supplementation by a lead agency of an inadequate

final NEPA EIS. (Order DE 76-·12,1 173-8()()"'{)52,

faled S/14/76,) Repealed by 78~ (On!« DE

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

43.21C.120.

Usc of previously prepared EIS for a different

proposed action. (Order DE 76-12. § 173~()()"'o60.

filed 5/14/76.) Repealed by 78-04-090 (Order DE

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

43.2IC.J20.

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

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

690, filed 5/14/76.) Repealed by 78~ (Order

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

43.2IC.120.

Draft and final supplements to a revised EIS. [Order

DE 76-12, 117}-800-695. filed 5/14/76.) Repealed

by 78~~90 (Order DE 78-5). filed 4/4/78.

Statutory Authority: RCW 43.2IC.120.

EIS combined with eaisting planning and review

processes. (Order 0 E 76-1 2, § 173-800-71Q, filed

5/14/76.) Repealed by 78-04-090 (Order DE 78-5).

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

Responsibility of agencies-Amendments to this

chapter. [Order DE 76-12. I 173-800--810. filed

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

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

Responsibility of agencies-SEPA public information

center. [Order DE 76-12, 1 173~00--830. filed

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

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

Application of these guidelines to on-going actions.

[Order DE 76-12. I 173-8Q0-840. filed 5/14/76.}

173~oo-B10

•

173~00--710

I 73-800-69S

I73-iQ0-840

173~00-690

173~00-660

I73-800-6SO

17}-800-6S2

173~00-600

17}-8QG-S80

17}-8QG-S70

17}-8QG-SSO

17}-8QG-S4S

17}-8QG-S40

17}-8QG-S3S

17}-8QG-S30

•

rnl~ I
Name _

REQUEST FOR PUBLIC RECORDS

Da te _______________ 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:

. iiiIL '. "":~~.;; ,; •.-; '<., ~~~i::':' :. ~' The'department

,__.., - . doeI nof maultajn an index or}ust. the ~terial listed in

iIIi.liI"~·~'-~··~".' :::--~~: . :.. , '.. . RCW 42.17.260. It docs maintain for Its .own. use. a r;·.trJn _ depart- •Reciords Management Pr~ures Manual WhiCh, In-

.. ....- ••Ii=i_·~o:·:.' dex~ the location. of ca,teg~r1es of all records, not Just

wf) AJIiIIaId te. fWd tions - enforce- public records, which exist ..n the, depart,ment. The m.a nrePJnaI aIfaJ.....• opera ua~ is availa~le to the public fo~ inspection and copying.

(d) TIle olTlCClI ofpablic .train and legal affairs, also ~Ith the assistance of the ,Public records o~ficer or desare at tbe headquarterS otrlCC. ., .. ignee, any person ,can obtain access to public records of

(2) RqionaJ offica and their geographical jurisdic- the department using the manual.

tiona are at 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

~unties>: " 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 98050 02-041 (Order DE 77-35), § 173~3~50. 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 98504

(c) Central regional office (Okanogan, Chelan,

Douglas, Kittitas, Yakima, Benton, and Klickitat

counties);

(1983 E'-

Description of Records:

Address _

Signature

N umber of copies _

N umber 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.rn, 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 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;

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

commercial purposes.

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):

WAC 173-03-040 Public records a'ailable. (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 beavailable.

(Statutory Authority: RCW 42.17.250 - 42.17.340.78-

(Order DE 71-35), § 173~3-O40, filed

11 7/ 78.}

rnlle 173WAC....., 101

"

i

,

I 103 East Indiana

1 Spokane, Washington 99207

[Statutory-..:A.~!.~~!~~Y"~Rc;W42.11.250 - 42.17.340.7~,­

,--. - 0.'.. 02:..:orr-'(Order DE" 71-35), § 173-03-030, filed

I 1/17/78.J

!

,

i

I,:. ' I
Hearings boardL

Uniform procedural Nlet.

Chapter 173-04 WAC

PRACI1CE AND PROCEDURE

WAC

17J~10

17J~20

WAC 173-04-010 Hearings 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 371-08 WAC. Declaratory proceedings under

the Shoreline Management Act of 1971 (section 18(4),

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

14, § 173-04--010, filed 9/3/71.]

\yACt73-03-t 00 Protection of 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 be conducted

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.J

director or his delegate shall 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 1/17/78.J

Pnctice And Procedure ",' .

. (e) /Ii 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.

(f) A statement 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 ""the 'public records

officer or deslgnee'lo-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: R~W 42.17-

.250 - 42.17.340.78-02-041 (Order DE 77-35),§ 173-

03--Q6(), filed 1/17/78.J

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 8 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.J

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 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-H), § 173-03-080, filed

1/17/78.J

WAC 173-03-090 Reflews of denial of 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 offl- quests for rule making in which the department of ecolcer or designee which constituted or accompanied tho ogy has authority to conduct hearings, practiCe and

. ~.refusat.: .(.;:J ~~ _~ •• 1' ," ,". ;.' . " .... procedure. shall. be in accordance with: those· uniform

•

(1) Immedi~J,. a.f~r, rcce-1Vlo, a, written request for. rules promulgated by tho codo reviser and codifiecl as 1/6--... 1lI,.........t' I.ii.. .... ~'ftdS~e..pQbn'C··'· ··''dapt'e; 'l~·W~C'as nOw' 'written or as h-e"reafter'-

'. . .' records 'officer ~. other sta~f member 'denying the"re- amended.... (Order' DE' 71-'14, § 173-04--020, filed

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

·1·:.:". .<.:"

•

•

(1913 I!d.) ..,.. ._.'W• -... .• . _ .-. '... ..-. ... " •.•.: 0". • • , :. '4 • • ••• " , • • _.... .' \ " ". • . .. ." " • • .'

-------------...-
r

e·:,. • • 0·

.:.'

OSWER DIRECTIVE *9541.00-1

REWIRED .

At1IHORI'lY

1. PROCEOOPAL REClJIREMml'S

j .~ .. 7. ~bO

1.1 SCope of records sub- 2.100(b) 42.! 7.020 (26) Statute/

ject to State requests (28) . Regulation

as broad as scope of RC\"I

records defined by EPA

1.2 certain materials 2.104(b) 42.17.250 RC\YJ fO\

routinely available .260

without formal FOI

1.3 Reasonable effort 2.109(b) l.r.2.11.290 fO\

to assist requestor

1.4 Respc:xld to request 2.112 \VAC : 73- 303-90 1 Statute/ A~ter 9/88 see within 20 days. Failure WAC 173-~03-905 F~lation

to do so i~ basis for

judicial or

administrative review

1.5 If request denied, 2.113(f) 42.17.3!0 (4) provide basis for denial and !:.2.!7.32~

and notice of jUdicial/ 2.114(a) \~'AC t73-03-030

administrative

appeal procedures

1. 6 Denial of judi- 42.17.320 Statute/

cial appeal because 42.17.340 Regulation

of untimely filing, W!>,C ! 73-03-090

provide 30 days to

file timely -~..,

1. 7 Decisial 00 2.1:'7 42.17.320 Statute/

administrative '-VAC 173-03-090 Regulation

appeal within 30 days

or by next meeting of i

appellate body I

~ember 8, 1984 Page 1 of 4
section 3006 (f) Checklist (continued) o

o

J and expenses

FEDERAL RBJUIRa1ENT RCRA CITE STATE AUTHORITY REQUIRED

40 CFR Sl'ATCTE/ ..arrION/MOA AUTHORITY -

1.8 Failure to decide on 5 U.S.C. l(2.17.3~O Statute/

appeal by deadline consti- 552 (a)(6) Regulation

tutes final agency action (C)

and requestor's right

to judicial review

1.9 Opportunity for 2.116 ~:.t7.320 'staeute/

jUdicial review of any lJ.:7..! 7.3LtO Regulation

final agency action

denying request -- 1.10 Consider waiver of 2.120(d) lJ.2.! 7.300 K:>A

fees for copies of 73-93-070

information -

1.11 Attorney's fees 5 U.S.C. \ I Statute/

o

November 8, 1984 - Page 2 of 4
.." . ~',

.- Section 3006 (f) Olecklist (ccntinued)

RCRA CITE

40 ern

STATE AUlHORITY

STA'IUI'E1RmJI.ATICN1~

RECUIRED

AtmDRITY

e·"·

'. ';- ,

2. SUBS'mNl'IVE RECUIREMENl'S

Based on statute, regulatioo or case law, the Attorney General must

certify that:

2.1 All records are avai1- see Sf'e AG's staternent Attorney

able to the public unless 5 U.S.C. of L/23/87. General

exempt from disclosure 552 for See also 42.17.310 for Statement

exemptions exer-vpt ions. as part of

2.2 All non-exempt records See P.G's statement of applicaavailable to the public see 2.1 1/23/87. ticn for

regardless of whether arrj authori zajustification or need for tion for

records shewn by requestor §3006(f)

2.3 Same types of records see 2.1 "

available as EPA provides·

2.4 State agrees to " . tom

fullest possible disclosure §3006(f) See also 42.t7.010 u n

of records to public

* Examples of records subject to release: Permit applications and ItOdifications;

Biennial reports; Closure plans; Notification of a facility closure; Contingency plan incident reports; Deli-sting petitions and other petitians for

variances or waivers; Financial responsibility instruments; Environmental

m::mitoring data (exenption 5 U.S.C. 522 (b) (9) of the roIA generally applies

to such wells as oil and gas, rather than to ground-water wells); Transporter

spills reports, International shipment reports; Manifest exception, discrepancy

and unmanifested waste reports; EPA facility identification numbers; General

corresporrlence with facility; Enforcement orders, Inspection reports; and

Correct:ve action investigation results.

November 8, 1984 - Page 3 of 4
Secticn 3006(f) Olecklist (a:mtinued) _ ~-: 7....·

c

RCPA CITE

40 CFR ~'lUl'E/RmJIATlCN/~

.RECUIRED

AtmDRI'I.Y

3. CONFIDENTIAL BUSINESS INFt>IM\TICN (CBl)

3.1 CBI not defined any 2.201(e) lL3.2?~6:J Statute/ {<;e~ l'.G's <;<:2.t~M'C:;lt of

mare broadly than 40 CFR and 2.208 I 1-:,,:/n.7~ Regulation

Part 2, S ... A and B .~ 1-./ L •."

3.2 If no claim of CBI at 270~12 l~ -:.2 i r'\. ! t~ a Statute/

first opportunity, release (see AG's srat ement of Regulation '/"-/0-' informaticn u s xtsr:

3.3 If CBI claim cannot be 2.204(d)( 1) See r cvised ;AOA tom

resolved within 20 days of (ii) Addendum 1 J'.I!',' :988

request, requestor l111St be ,

notified of claim within

20 days and told that State

denied claim so as to

resolve CBI ' ,

4. OVEP$IGfr OF 5mTE PROGPAM

4.1 State tm.lSt keep 10; or See r evi sec' ~~c:\ MG.

file of denials of requests ..'·cde:1C\lm . ~; lJ! \! ~9S8

available for insoection

4.2 State informs EPA of 271. 21(a) 5"e e:'I'-'t i~,... , :(:}. MC1\ ~c'.~~ ':t - c;

prcposed.IOOdification of .:... /

its basic statutory/

regulatory authority, forms,

procedures, or priorities

November 8, 1984 - Page 4 of 4

o