Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-034 - How will the board address "substantial environmental degradation" as found in RCW 43.155.070?

Current through Register Vol. 24-14, July 15, 2024
"Substantial environmental degradation" means a situation
				causes or is about to cause real, documented, substantial environmental
				degradation that contributes to violations of the state's air quality, water
				quality, or soil contaminate standards, interferes with beneficial uses of the
				air, water, or land, and the problem generally involves a discrete area
				including, but not limited to, a county, city, subdivision, or an area serviced
				by on-site wastewater disposal systems.
In determining whether a project is necessary to address
				substantial environmental degradation, the board shall consider the following
				factors:
(1) For bridge and road
			 projects - Whether motorized or nonmotorized vehicle traffic has caused
			 substantial environmental degradation of the air, water, or soils of the state
			 at the site for which a proposed public works project is the subject of a
			 financial assistance application, and; whether the proposed public works
			 project will eliminate or reduce the chance of such vehicle-caused critical
			 substantial environmental degradation.
(2) For domestic water projects - Whether a
			 drinking water system regulated by the department of health has caused
			 substantial environmental degradation of the air, water, or soil of the state
			 including, but not limited to: Causing disease or illness to humans, the
			 attraction of rodents, or the killing of fish and shellfish that reside in the
			 waters of the state, and; whether the proposed public works project will
			 eliminate or reduce the chance of substantial environmental
			 degradation.
(3) For sanitary sewer
			 projects - Whether failure of an existing wastewater system, including
			 individual on-site systems, has caused substantial environmental degradation of
			 the air, water, or soil of the state including, but not limited to: Causing
			 disease or illness to humans, the attraction of rodents, or the killing of fish
			 and shellfish that reside in the waters of the state, and; whether the proposed
			 public works project will eliminate or reduce such substantial environmental
			 degradation.
(4) For storm sewer
			 systems - Whether failure of an existing storm sewer system has caused
			 substantial environmental degradation of the air, water, or soil of the state
			 including, but not limited to: Causing disease or illness to humans, the
			 attraction of rodents, or the killing of fish and shellfish that reside in the
			 waters of the state, and; whether the proposed public works project will
			 eliminate or reduce such substantial environmental degradation.
(5) For solid waste or recycling projects -
			 Whether failure of an existing solid waste system or recycling system has
			 caused substantial environmental degradation of the air, water, or soil of the
			 state including, but not limited to: Causing disease or illness to humans, the
			 attraction of rodents, or the killing of fish and shellfish that reside in the
			 waters of the state, and; whether the proposed public works project will
			 eliminate or reduce such substantial environmental degradation.
(6) For all projects - Whether more efficient
			 operation of an existing system, changing public access, or modifying other
			 regulatory standards (e.g., reduced speed limits, water conservation measures,
			 rodent control, restricted shellfish harvesting) is likely to provide the same
			 or similar level of resolution.
(7)
			 For all projects - Whether the substantial environmental degradation is caused
			 by failure to maintain or periodically replace, reconstruct, or rehabilitate a
			 public works system.
(8) For all
			 projects - Other factors the board finds on the record are significant in light
			 of facts and circumstances unique to the project. Fish passage, water quality,
			 or water quantity issues directly impacting salmonid fish survival in a
			 watershed which is designated as a candidate for listing, proposed for listing,
			 threatened listing, or endangered listing under the federal Endangered Species
			 Act may be considered significant and unique to a project.
(9) The factors enumerated in subsections (1)
			 through (5) of this section must be addressed in a letter of request, with
			 supporting documentation, to the director of the Washington state department of
			 ecology and signed by the public official who signed the application for
			 financial assistance. A determination of substantial environmental degradation
			 may be made by the director or designee and addressed to the same public
			 official. The board will consider the determination of the director. The board
			 will also consider information presented on factors enumerated in subsections
			 (6) through (8) of this section, which must be documented in a manner
			 acceptable to the board.
Statutory Authority:
				  RCW
				  43.155.040(4). 07-05-029,
				  §
										399-30-034, filed 2/13/07,
				  effective 3/16/07; 99-09-020, §
										399-30-034, filed 4/14/99,
				  effective 5/15/99.