reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › STATE NOXIOUS WEED CONTROL BOARD AGENCY › Chapter 16-752 - Noxious weed seed and plant quarantine › Section 16-752-715 - Disposal of articles regulated under this purple nutsedge quarantine (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-04 - Districts and voting › Section 24-04-005 - Addition to Okanogan County subdivision

Current through Register Vol. 24-14, July 15, 2024
The northerly portion of Douglas County lying north of the southern boundary line of Township 29 North is hereby added to the Okanogan County subdivision. At least one grower member of the commission shall at all times be a resident of the said Okanogan County subdivision as hereby enlarged.
Regulation 9, filed 1/26/67; Regulation 9, filed 6/24/63.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-04 - Districts and voting › Section 24-04-010 - Subdivisions of District No. 1

Current through Register Vol. 24-14, July 15, 2024
Two subdivisions of District No. 1, to be known as the northern subdivision and the southern subdivision thereof, are hereby established, and the boundary line between them shall be as follows: Proceeding southeasterly along the summit of the Chelan Mountains (situated west and south of Lake Chelan) to the summit of Forest Mountain; thence south to the intersection of the north line of Section 26, Township 27 North, Range 21 E.W.M. extended westerly; thence east along the said extended line to the northeast corner of said Section 26; thence south along the east line of said Section 26 extended southerly and crossing the Columbia River west of the town of Maple Creek to an intersection with the boundary line between Townships 25 and 26 North; thence east along the said township boundary line to the easterly boundary of Douglas County.
There shall be two grower members of the commission who reside in and are elected by apple growers residing in the said northern subdivision of District No. 1, at least one of whom shall reside in the said Okanogan County subdivision as enlarged in the foregoing regulation. There shall be two grower members of the commission who reside in and are elected by apple growers residing in the said southern subdivision of District No. 1.
Regulation 10, filed 1/26/67; Regulation 10, filed 6/24/63.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-12 - Assessments › Section 24-12-001 - Promulgation

Current through Register Vol. 24-14, July 15, 2024
Under and by virtue of chapter 15.24 RCW as amended and chapter 11, Laws of 1961, the Washington apple commission does hereby adopt and prescribe the following amended and restated rules.
Statutory Authority: Chapters 15.24 and 34.05 RCW. 09-19-074, §
										24-12-001, filed 9/16/09, effective 10/17/09; Promulgation, filed 1/26/67; Promulgation, effective 9/29/61.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-12 - Assessments › Section 24-12-010 - Amount of assessments

Current through Register Vol. 24-14, July 15, 2024
(1) There is
			 hereby levied upon all fresh apples grown annually in this state, and upon all
			 apples packed as Washington apples, including fresh sliced, an assessment of
			 eight and seventy-five one-hundredths cents per one hundred pounds of apples,
			 based on net shipping weight or reasonable equivalent net product assessment
			 measurement as determined by the commission.
(2) Assessments shall be payable as provided
			 in WAC 24-12-012, whether in bulk or loose in boxes or any other container, or
			 packed in any style package. The net shipping weights for the following
			 containers shall apply for the purpose of computing the assessments:
DESCRIPTION OF CONTAINER
NET SHIPPING WEIGHT RANGE
Tray Carton
37-52 lbs.
Cell Carton
37-52 lbs.
1 Layer Carton AKA Euro Carton
10-15 lbs.
2 Layer Carton AKA Euro Carton
20-30 lbs.
3 Layer Carton AKA Euro Carton
30-40 lbs.
Euro Carton 1-3 Layers
10-45 lbs.
Master Carton (Bags in Box/Clamshell)
13-45 lbs.
Master Bin (Bags in Bin/Clamshell)
300-600 lbs.
Bin (Loose/Jumble/Bulk)
500-950 lbs.
Loose Carton (Jumble/Bulk)
8-40 lbs.
Carton (2/3 Bushel)
25-40 lbs.
1/2 Carton
18-25 lbs.
1/3 Bushel Carton
10-15 lbs.
Overwrap Carton
30-40 lbs.
RPC Tray Carton
37-52 lbs.
RPC Master Carton
25-45 lbs.
Statutory Authority: Chapters 15.24 and 34.05 RCW. 09-19-074, §
										24-12-010, filed 9/16/09, effective 10/17/09. Statutory Authority: Chapter 15.24 RCW. 00-23-064, §
										24-12-010, filed 11/15/00, effective 12/16/00. Statutory Authority: Chapter 15.24 RCW and 1997 c 303. 98-18-060 and 98-21-048, §
										24-12-010, filed 8/31/98 and 10/15/98, effective 10/1/98. Statutory Authority: RCW   15.24.070(1). 86-21-088 (Order 19), §
										24-12-010, filed 10/17/86; 84-20-002 (Order 16), §
										24-12-010, filed 9/20/84; 82-20-073 (Order 13), §
										24-12-010, filed 10/6/82. Statutory Authority: RCW   15.24.070(1) and 15.24.090. 81-16-011 (Order 9), §
										24-12-010, filed 7/27/81. Statutory Authority: RCW   15.24.070(1). 79-04-045 (Order 8), §
										24-12-011 (codified as WAC 24-12-010), filed 3/27/79, effective with the 1979 and subsequent crops of apples; 78-07-030 (Order 7), §
										24-12-010, filed 6/16/78, effective 9/1/78; Order 6, §
										24-12-010, filed 11/14/77; Order 1, §
										24-12-010, filed 9/19/69; Regulation No. 2, filed 1/26/67; Regulation No. 2, effective 9/29/61.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-12 - Assessments › Section 24-12-011 - Referendum mail ballot voting eligibility

Current through Register Vol. 24-14, July 15, 2024
(1)
			 In the conduct of a referendum mail ballot pursuant to the provisions of RCW
			    15.24.090 the commission shall require that each returned ballot be accompanied
			 by a completed apple grower eligibility certificate in substantially the
			 following form:
WASHINGTON APPLE COMMISSION APPLE GROWER ELIGIBILITY
				CERTIFICATE
(Note: All appropriate spaces on this certificate must be
				completed to properly qualify your vote.)
I HEREBY CERTIFY THAT:
1. My name and address are as follows (please
			 print):
Name: ..................................
Mailing Address: ..........................
Orchard Address: .........................
City: ................... State: ........
2. I am qualified to vote for one of the
			 following reasons (please check the appropriate space):
a
			 . .... I am an individual owner-operator or an individual
			 lessee-operator of commercially producing apple orchard/orchards.
b . .... I am a member of and have been
			 designated to cast the single ballot for (please fill in name), a partnership,
			 joint venture or corporation owning/leasing and operating commercially
			 producing apple orchard/orchards.
3. I take my fresh apple crop to the
			 following dealer organizations to pack/ship my fruit. (Please list all that
			 apply to this orchard.)
________________________________________
________________________________________
By signing this certificate, I grant the commission permission
				to contact dealer(s) listed above to verify total net lbs. fresh apples shipped
				in the two prior crop years.
...............................
Signature of Voter
Name (print) .....................
Date ...........................
Note: A completed apple grower eligibility certificate must
				accompany each ballot.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-12 - Assessments › Section 24-12-012 - Collection of accounts

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 commission shall obtain from the department of agriculture a record of all
			 shipments of fresh apples, including fresh apples designated for slices, and
			 shall from this record periodically invoice all apple dealers and handlers
			 shown thereon for assessments on apples levied pursuant to WAC 24-12-010. The
			 date of the invoice shall be known as the billing date.
(2) If the assessments are not paid within
			 thirty-five days from the billing date, a notice of delinquency shall be sent
			 to the dealer or handler involved, requesting them to bring their account
			 current within ten days from the date of the letter. At forty-five days from
			 the billing date, a second notice of delinquency shall be sent to the dealer
			 with a copy to the regional inspection office of the department of agriculture.
			 The notice shall state that if the delinquent assessments are not paid within
			 sixty days from the billing date, the department of agriculture will notify the
			 dealer or handler involved that the department of agriculture will deny service
			 if the account is not paid in full within the next thirty days. The notice
			 shall also advise that if the delinquent assessments are not paid within ninety
			 days from the billing date, the inspection service may be withdrawn.
Once withdrawn, inspection service will be reinstated only upon
				mutual agreement of the department of agriculture and the commission and after
				all delinquent assessments have been paid.
(3) If assessments are not paid within
			 forty-five days of the billing date, the commission reserves the right to
			 charge interest at the maximum legal rate, not to exceed one and one-half
			 percent per month, and in case of suit to collect the delinquent assessments,
			 the prevailing party shall, in addition to any other relief granted, be allowed
			 an attorneys fee in such amount as the court in its discretion deems
			 reasonable, together with costs of suit.
Statutory Authority: Chapters 15.24 and 34.05 RCW. 09-19-074, §
										24-12-012, filed 9/16/09, effective 10/17/09. Statutory Authority: RCW   15.24.070(1). 86-01-082 (Order 17), §
										24-12-012, filed 12/18/85; 84-20-002 (Order 16), §
										24-12-012, filed 9/20/84.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-12 - Assessments › Section 24-12-060 - Records

Current through Register Vol. 24-14, July 15, 2024
Every dealer and handler shall keep a complete and accurate record of all apples handled and shipped. Such records shall be preserved for a period of two years and shall be subject to audit and offered for examination at any reasonable time when official request is made by an authorized representative of the commission.
Order 3, §
										24-12-060, filed 8/28/72; Regulation No. 7, filed 1/26/67; Regulation No. 7, effective 9/29/61.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-12 - Assessments › Section 24-12-070 - Seal

Current through Register Vol. 24-14, July 15, 2024
The seal of the commission shall be circular in form and contain the following inscription: "WASHINGTON APPLE COMMISSION SEAL."
Statutory Authority: Chapters 15.24 and 34.05 RCW. 09-19-074, §
										24-12-070, filed 9/16/09, effective 10/17/09; Regulation No. 8, filed 1/26/67; Regulation No. 8, effective 9/29/61.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-12 - Assessments › Section 24-12-080 - Effect of law

Current through Register Vol. 24-14, July 15, 2024
These revised rules, as provided in the act, have the force and effect of law, and any person who shall violate or aid in the violation of any of these rules is in violation of Washington state law and is guilty of a misdemeanor. These rules hereby repeal and supersede all previous rules. Definitions of terms in the act are applicable to these rules.
Statutory Authority: Chapters 15.24 and 34.05 RCW. 09-19-074, §
										24-12-080, filed 9/16/09, effective 10/17/09; Regulation No. 1, filed 1/26/67; Regulation No. 1, effective 9/29/61.
Reviser's note:
"The act," see WAC 24-12-001.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-16 - Rules of the Washington state apple commission › Section 24-16-030 - Rules for implementation of promotional hosting by the Washington apple commission

Current through Register Vol. 24-14, July 15, 2024
RCW   15.04.200 provides that agricultural commodity commissions
				shall adopt rules governing promotional hosting expenditures by agricultural
				commodity commission employees, agents, or commissioners. "Promotional hosting"
				means the hosting of individuals or groups of individuals at meetings, meals,
				events, tours, or other gatherings for the purpose of agricultural development,
				trade promotion, cultivating trade relations, or in the aid of the marketing,
				advertising, or sale of Washington state apples. "Hosting" may include
				providing meals, refreshments, lodging, transportation, gifts of nominal value,
				reasonable and customary entertainment, and normal incidental expenses at
				meetings or gatherings.
The rules governing promotional hosting expenditures for the
				Washington apple commission shall be as follows:
(1) Budget approval. Commission expenditures for agricultural
				development or trade promotion and promotional hosting shall be pursuant to
				specific budget items in the commission's annual budget as approved by the
				commission and the director.
(2) Officials and agents authorized to make expenditures. The
				following officials and agents are authorized to make expenditures for
				agricultural development, trade promotion, and promotional hosting in
				accordance with the provisions of these rules:
(a) Commissioners;
(b) President;
(c) Vice-president;
(d) Export marketing staff;
(e) Contracted international representatives of the commission
				as defined within the scope of their contract with the commission.
Individual commissioners shall make promotional hosting
				expenditures, and seek reimbursements for those expenditures, only in those
				instances where expenditures have been approved by the commission.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-20 - WASHINGTON APPLE COMMISSION PUBLIC RECORDS › Section 24-20-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to ensure compliance by the
				Washington apple commission with the provisions of the Public Records Act,
				chapter 42.56 RCW. These rules provide information to persons requesting access
				to the commission's public records and establish procedures for both requestors
				and commission staff.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-20 - WASHINGTON APPLE COMMISSION PUBLIC RECORDS › Section 24-20-020 - Public record

Current through Register Vol. 24-14, July 15, 2024
A public record includes any writing containing information
				relating to the conduct of government or the performance of any governmental or
				proprietary function prepared, owned, used, or retained by the commission
				regardless of physical form or characteristics.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-20 - WASHINGTON APPLE COMMISSION PUBLIC RECORDS › Section 24-20-030 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 commission's public records shall be in the charge of the public records
			 officer designated by the commission.
(2) The name of the commission's current
			 public records officer is on file with the office of the code reviser in
			 accordance with RCW    42.56.580 and is published in the
Washington State
			 Register
.
(3) The
			 commission or its president may appoint a temporary public records officer to
			 serve during the absence of the designated records officer. The public records
			 officer shall be responsible for implementing the commission's rules regarding
			 disclosure of public records, coordination of staff regarding disclosure of
			 public records, and generally ensuring compliance by staff with public records
			 disclosure requirements.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-20 - WASHINGTON APPLE COMMISSION PUBLIC RECORDS › Section 24-20-040 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
(1) All requests
			 for disclosure of public records must be submitted in writing directly to the
			 commission's public records officer by mail at:
Washington Apple Commission
2900 Euclid Avenue
Wenatchee, WA 98801
email: publicrecords@waapple.org
The written request should include:
(a) The name of the person requesting the
			 record and their contact information;
(b) The calendar date on which the request is
			 made; and
(c) Sufficient
			 information to readily identify the records being requested.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-20 - WASHINGTON APPLE COMMISSION PUBLIC RECORDS › Section 24-20-050 - Response to public records request

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The public records officer shall respond to public records requests within five
			 business days by:
(a) Providing the
			 record;
(b) Providing a link or
			 address for a record available on the internet under RCW    42.56.520;
(c) Acknowledging receipt of the request and
			 providing a reasonable estimate of the time the commission will require to
			 respond to the request; or
(d)
			 Denying the public records request. Responses refusing in whole or in part the
			 inspection of a public record shall include a statement of the specific
			 exemption authorizing the withholding of the record (or any part) and a brief
			 explanation of how the exemption applies to the record(s) withheld or to any
			 redactions in records produced.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-20 - WASHINGTON APPLE COMMISSION PUBLIC RECORDS › Section 24-20-060 - Costs of disclosure

Current through Register Vol. 24-14, July 15, 2024
(1) No fee shall
			 be charged for the inspection of public records.
(2) Pursuant to RCW    42.56.120(2), the
			 commission declares for the following reasons that it would be unduly
			 burdensome for it to calculate the actual costs it charges for providing copies
			 of public records: Funds were not allocated for performing a study to calculate
			 such actual costs and the agency lacks the necessary funds to perform a study
			 and calculations; staff resources are insufficient to perform a study and to
			 calculate such actual costs; and a study would interfere with and disrupt other
			 essential agency functions.
(3) The
			 commission may charge fees for production of copies of public records
			 consistent with the fee schedule established in RCW    42.56.120.
(4) The public records officer may waive the
			 fee when the expenses of processing payment exceeds the costs of providing
			 copies.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-20 - WASHINGTON APPLE COMMISSION PUBLIC RECORDS › Section 24-20-070 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
The commission's public records are available for disclosure
				except as otherwise provided under chapter 42.56 RCW or any other law.
				Requestors should be aware of the following exemptions to public disclosure
				specific to commission records. This list is not exhaustive and other
				exemptions may apply:
(1) Production
			 or sales records required to determine assessment levels and actual assessment
			 payments the commission under chapter 15.24 RCW (reference RCW
			    42.56.380(3)).
(2) Financial and
			 commercial information and records supplied by persons:
(a) To the commission for the purpose of
			 conducting a referendum for the establishment of the commission; or
(b) To the commission under chapter 15.24
			 RCW, with respect to domestic or export marketing activities or individual
			 producer's production information (reference RCW    42.56.380(5)).
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-20 - WASHINGTON APPLE COMMISSION PUBLIC RECORDS › Section 24-20-080 - Review of denials of public records requests

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who objects to the denial of a
			 request to copy or inspect public records may petition the commission for
			 review of such decision by submitting a written request to the commission. The
			 request shall specifically refer to the statement which constituted or
			 accompanied the denial.
(2) The
			 commission's president or designee shall immediately consider the matter and
			 either affirm or reverse such denial. In any case, the request shall be
			 returned with a final decision, within ten business days following receipt of
			 the written request for review of the original denial.
(3) Under RCW    42.56.530, if the commission
			 denies a requestor access to public records because it claims the record is
			 exempt in whole or in part from disclosure, the requestor may request the
			 attorney general's office to review the matter.
(4) Any person may obtain court review of a
			 denial of a public records request under RCW    42.56.550.
Washington Administrative Code › Title 24 - Apple Commission › Chapter 24-20 - WASHINGTON APPLE COMMISSION PUBLIC RECORDS › Section 24-20-090 - Records index

Current through Register Vol. 24-14, July 15, 2024
The commission shall establish a records index, which shall be
				made available for public review. The records index may be accessed on the
				commission's web site at
www.bestapples.com
. The index includes the
				following records:
(1) Washington
			 apple commission statute, chapter 15.24 RCW.
(2) Washington apple commission rules, Title
			 24 WAC.
(3) Commission policy and
			 procedure manuals.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-12 - Advisory council on historic preservation › Section 25-12-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter shall be to ensure compliance by the advisory council on historic preservation with the provisions of chapter 1, Laws of 1973 (chapter 42.17 RCW) in particular that portion dealing with public records.
Statutory Authority: RCW 43.51A.080. 80-06-096 (Order 6), §
										25-12-010, filed 5/30/80.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-12 - Advisory council on historic preservation › Section 25-12-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) Public records. "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency, regardless of physical form or characteristics.
(2) Writing. Writing means handwriting, typewriting, printing, photostating, and every other means of recording, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents.
(3) Advisory council on historic preservation. The advisory council on historic preservation is the council established pursuant to RCW   27.34.250 through 27.34.280, and is hereinafter referred to as the "council."
(4) Department of archaeology and historic preservation. The department of archaeology and historic preservation is that agency established pursuant to RCW   27.34.210, and is hereinafter referred to as the "department." The department provides staff for the council.
(5) State historic preservation officer. The state historic preservation officer is that person appointed pursuant to RCW   27.34.210 to implement the purposes of that chapter, and hereinafter referred to as "SHPO."
(6) State register. These are buildings, sites, structures, objects or districts which are listed on the Washington Heritage Register of Historic Places, and is hereinafter referred to as the "state register."
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-12-020, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW 43.51A.080. 80-06-096 (Order 6), §
										25-12-020, filed 5/30/80.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-12 - Advisory council on historic preservation › Section 25-12-030 - Description of purpose and staff

Current through Register Vol. 24-14, July 15, 2024
The council is of an advisory nature for the governor and the department. Financial and administrative services including those related to budgeting, accounting, financial reporting, personnel and procurement shall be provided to the council by the department. The administrative location of the council and that of its staff is at the Department of Archaeology and Historic Preservation, P.O. Box 48343, Olympia, Washington 98504-8343. The council meets on the last Friday of every fourth month unless otherwise agreed by a majority of the members of the council.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-12-030, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW 43.51A.080. 80-06-096 (Order 6), §
										25-12-030, filed 5/30/80.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-12 - Advisory council on historic preservation › Section 25-12-050 - Procedures - Nominations to state and/or National Register

Current through Register Vol. 24-14, July 15, 2024
(1) Any member of the public may submit nominations directly to the SHPO for review and evaluation. The opportunity to review drafts of the nomination is required to promote the rapid handling of the complete document.
(2) The SHPO shall prepare and maintain a list of qualified professional consultants who meet and/or exceed the Secretary of the Interior's Historic Preservation Professional Qualification Standards (48 FR 44716). Inclusion on the list shall be limited to those individuals who have demonstrated an ability to prepare nominations consistent with WAC 25-12-060(3) and  36 C.F.R. Part 60.
(3) Any nomination developed under this section shall be treated as outlined in WAC 25-12-060.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-12-050, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW 43.51A.080. 80-06-096 (Order 6), §
										25-12-050, filed 5/30/80.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-12 - Advisory council on historic preservation › Section 25-12-070 - Public records available

Current through Register Vol. 24-14, July 15, 2024
All public records of the council, as defined in WAC 25-18-020, are available for public inspection and copying at the department location described in WAC 25-12-030, pursuant to WAC 25-18-040 through 25-18-130, except as otherwise provided by RCW   42.17.310.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-12-070, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW 43.51A.080. 80-06-096 (Order 6), §
										25-12-070, filed 5/30/80.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-42 - State Environmental Policy Act rules › Section 25-42-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions of the words and terms of WAC 197-11-700 through 197-11-799 are made a part of this chapter along with the following additions:
(1) "Department" means the Washington state department of archaeology and historic preservation.
(2) "Director" means the state historic preservation officer as provided for in chapter 27.34 RCW.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-42-010, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.34.220 and 43.21C.120. 86-13-002 (Order 10), §
										25-42-010, filed 6/5/86.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-42 - State Environmental Policy Act rules › Section 25-42-020 - Impact of SEPA on department

Current through Register Vol. 24-14, July 15, 2024
The department fully endorses the intent and purpose of SEPA and will make every effort to implement and fulfill the intent and requirements of SEPA and the SEPA rules. The capacity of the department to provide full service to the public and other agencies is limited by funds and staffing. The department will make every effort to implement SEPA in the best manner possible with the resources available.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-42-020, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.34.220 and 43.21C.120. 86-13-002 (Order 10), §
										25-42-020, filed 6/5/86.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-42 - State Environmental Policy Act rules › Section 25-42-030 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of this chapter is to implement chapter 197-11 WAC, SEPA rules, as applicable to the department.
(2) These policies and procedures are developed to implement SEPA in a manner which reduces duplication, establishes effective and uniform guidelines, encourages public involvement, and promotes certainty with respect to the requirements of the act.
(3) These policies and procedures are not intended to cover compliance by the department with respect to the National Environmental Policy Act of 1969 (NEPA). In those situations where the department is required by federal law or regulations to perform some element of compliance with NEPA, compliance will be governed by the applicable federal statute and regulations.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-42-030, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.34.220 and 43.21C.120. 86-13-002 (Order 10), §
										25-42-030, filed 6/5/86.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-42 - State Environmental Policy Act rules › Section 25-42-040 - Scope and coverage of this chapter

Current through Register Vol. 24-14, July 15, 2024
(1) It is the intent of the department that compliance with this chapter shall constitute complete procedural compliance with SEPA for all actions as defined in WAC 197-11-704.
(2) This chapter applies to all actions as defined in WAC 197-11-704 and applies to all activities of the department. Furthermore, although these guidelines normally do not apply to actions of the department exempted under WAC 197-11-800, the department accepts the responsibility of attempting to follow the intent of SEPA and its decision making process for exempt actions.
(3) To the fullest extent possible, the department shall integrate procedures required by this chapter with existing planning and permitting procedures. These procedures should be initiated early, and undertaken in conjunction with other governmental operations to avoid lengthy time delays and unnecessary duplication of effort.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-42-040, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.34.220 and 43.21C.120. 86-13-002 (Order 10), §
										25-42-040, filed 6/5/86.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-42 - State Environmental Policy Act rules › Section 25-42-050 - Agency policy - Substantive authority and mitigation

Current through Register Vol. 24-14, July 15, 2024
(1) It is the policy of the department to avoid or mitigate adverse environmental impacts which may result from its decisions.
(2) If an action is subject to SEPA, including an activity or activities requiring a permit from the department, and is reasonably likely to have an adverse environmental impact as identified in an environmental document, the department will:
(a) Require reasonable alternatives to the action and/or proven measures which will mitigate or eliminate the identified potential adverse impact, and make such alternatives and/or proven mitigation measures conditions of the department's approval; or
(b) Deny the proposal if significant adverse impacts as identified in a final or supplemental environmental impact statement prepared under chapter 197-11 WAC are not satisfactorily avoided or mitigated by proven techniques.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-42 - State Environmental Policy Act rules › Section 25-42-060 - Timing of the SEPA process

Current through Register Vol. 24-14, July 15, 2024
(1) The environmental review process will normally begin upon receipt of a determination of nonsignificance (DNS), determination of significance (DS), scoping notice, or draft environmental impact statement (DEIS) when another agency is the lead agency. When the department is the lead agency for nonagency actions, review will begin upon receipt of a complete permit application and a complete environmental checklist. The department typically requests plans, a location map, and a project description, pursuant to WAC 197-11-100, but may request additional information of the applicant as needed to make a threshold determination. The applicant should submit this information with the checklist so that review may proceed expeditiously. For agency actions, environmental review will normally begin when the proposed action is sufficiently developed to allow preliminary decisions.
(2) Upon written request of an applicant, preliminary environmental review will be conducted prior to receipt of detailed project plans and specifications. In such instances, the applicant shall submit information judged by the department to be sufficient to make a preliminary review.
(3) The preliminary review will be advisory only and not binding upon the department. Final review and determination will be made only upon receipt of detailed project plans and specifications.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-42-060, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.34.220 and 43.21C.120. 86-13-002 (Order 10), §
										25-42-060, filed 6/5/86.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-42 - State Environmental Policy Act rules › Section 25-42-070 - Summary of information which may be required of an applicant

Current through Register Vol. 24-14, July 15, 2024
(1) The applicant for each project for which the department is the lead agency shall submit a complete environmental checklist along with a complete application for the required approval.
(2) After review of the environmental checklist, the department may require the applicant to submit additional information necessary to properly evaluate the potential environmental impacts of the project. Field investigation or research may be required of the applicant or conducted by the department at the applicant's cost.
(3) A draft and final EIS is required for each project for which a determination is made that the proposal will have a probable significant adverse impact on the environment. Preparation of the EIS is the responsibility of the department, by or under the direction of its responsible official, as specified by department procedures. No matter who participates in the preparation of the EIS, it is the EIS of the department. The responsible official, prior to distributing an EIS, shall be satisfied that it complies with this chapter and chapter 197-11 WAC.
(4) The department may have an EIS prepared by department staff, an applicant or its agent, or by an outside consultant retained by either an applicant or the department. The department shall assure that the EIS is prepared in a professional manner and with appropriate interdisciplinary methodology. The responsible official shall direct the areas of research and examination to be undertaken as a result of the scoping process, as well as the organization of the resulting document.
(5) If a person other than the department is preparing the EIS, the department shall:
(a) Coordinate any scoping procedures so that the individual preparing the EIS receives all substantive information submitted by any agency and the public;
(b) Assist in obtaining any information on file with other agencies that is needed by the person preparing the EIS;
(c) Allow any party preparing an EIS access to all public records of the department that relate to the subject of the EIS, under RCW   42.17.250 through 42.17.340.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-42 - State Environmental Policy Act rules › Section 25-42-080 - Assumption of lead agency status

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever the department determines that a DNS issued by another lead agency is inappropriate and that the proposal in question could cause significant harm to the resources under the department's jurisdiction, the department will assume lead agency status per WAC 197-11-948.
(2) Within ten days of assuming lead agency status, the department will notify the proponent of the proposal in writing as to the reasons for its assumption of lead agency status.
(3) Prior to preparation of an EIS for the proposal, the department will consult with the proponent and give the proponent an opportunity to modify or change the proposal in such a way that an EIS may not be necessary as outlined in WAC 197-11-360(4).
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-42-080, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.34.220 and 43.21C.120. 86-13-002 (Order 10), §
										25-42-080, filed 6/5/86.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-42 - State Environmental Policy Act rules › Section 25-42-090 - Designation of responsible official

Current through Register Vol. 24-14, July 15, 2024
Under normal circumstances, the responsible official is the director or the director's designee. The responsible official shall carry out duties and functions for the purpose of assuring the department's compliance with SEPA and SEPA guidelines. The responsible official may delegate duties and functions assigned under this chapter and chapter 197-11 WAC; the responsible official alone, however, is wholly responsible for proper accomplishment of such duties and functions.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-42-090, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.34.220 and 43.21C.120. 86-13-002 (Order 10), §
										25-42-090, filed 6/5/86.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-42 - State Environmental Policy Act rules › Section 25-42-100 - Mitigated DNS

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant may ask the department whether issuance of a DS is likely for a proposal. This request for early notice must:
(a) Be written;
(b) Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and
(c) Precede the department's actual threshold determination for the proposal.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-42 - State Environmental Policy Act rules › Section 25-42-110 - SEPA public information center

Current through Register Vol. 24-14, July 15, 2024
The department designates its main department as its SEPA public information center. The mailing address is P.O. Box 48343, Olympia, Washington 98504-8343; telephone 360-586-3065.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-42-110, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.34.220 and 43.21C.120. 86-13-002 (Order 10), §
										25-42-110, filed 6/5/86.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-42 - State Environmental Policy Act rules › Section 25-42-120 - Public notice

Current through Register Vol. 24-14, July 15, 2024
(1) When required under chapter 197-11 WAC, the department will give public notice by one or more of the following methods as appropriate for the specific circumstances:
(a) Notifying public and private groups and agencies and tribes with known interest in a certain proposal or in the type of proposals being considered;
(b) Notifying individuals with known interest in a certain proposal or in the type of proposal being considered;
(c) Publication in a newspaper of general circulation in the area in which the proposal will be implemented; and/or
(d) Posting on the property site in question.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-42 - State Environmental Policy Act rules › Section 25-42-130 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances shall not be affected.
Statutory Authority: RCW 27.34.220 and 43.21C.120. 86-13-002 (Order 10), §
										25-42-130, filed 6/5/86.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-46 - Registration of historic archaeological resources on state-owned aquatic lands › Section 25-46-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish registration procedures for previously unreported historic archaeological resources discovered on, in, or under state-owned aquatic lands as provided for in chapter 27.53 RCW.
Statutory Authority: RCW 27.53.030, 27.53.060 and 1988 c 124 §§ 1, 3, 5, 6, 7 and 10. 88-23-005 (Order 88-07), §
										25-46-010, filed 11/4/88.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-46 - Registration of historic archaeological resources on state-owned aquatic lands › Section 25-46-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Historic archaeological resources" means those properties, including, but not limited to all ships, or aircraft, and any part or the contents thereof and all treasure trove which are listed or, in the professional judgment of the department, eligible for listing in the Washington State Register of Historic Places (RCW   27.34.220)  or the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 (Title 1, Sec. 101, Public Law 89-665; 80 Stat. 915;  16 U.S.C. Sec. 470) as now or hereafter amended.
(2) "State-owned aquatic lands" means all state-owned tidelands, shorelands, harbor areas, and the beds of navigable waters.
(3) "Department" means the department of archaeology and historic preservation established in chapter 43.. . . RCW.
(4) "Director" means the director of the department of archaeology and historic preservation or the director's designee.
(5) "Entity" means any person, firm, corporation, institution, or agency.
(6) "Previously unreported" means the historic archaeological resource and its location are not known to the department and are not available from public records including but not limited to government records, historic records, or insurance claims.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-46-020, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.53.030, 27.53.060 and 1988 c 124 §§ 1, 3, 5, 6, 7 and 10. 88-23-005 (Order 88-07), §
										25-46-020, filed 11/4/88.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-46 - Registration of historic archaeological resources on state-owned aquatic lands › Section 25-46-040 - Registration forms

Current through Register Vol. 24-14, July 15, 2024
(1) Any person or entity who discovers a previously unreported historic archaeological resource abandoned for thirty years or more on, in, or under state-owned aquatic lands may register it with the department.
(2) Each registration of a previously unreported historic archaeological resource shall be submitted on the Submerged Historic Archaeological Resource Registration Form approved by the director. These registration forms may be obtained from the Department of Archaeology and Historic Preservation, P.O. Box 48343, Olympia, Washington 98504-8343; telephone 360-586-3065.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-46-040, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.53.030, 27.53.060 and 1988 c 124 §§ 1, 3, 5, 6, 7 and 10. 88-23-005 (Order 88-07), §
										25-46-040, filed 11/4/88.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-46 - Registration of historic archaeological resources on state-owned aquatic lands › Section 25-46-060 - Summary of information required for registration

Current through Register Vol. 24-14, July 15, 2024
(1) In order to be considered complete, each registration form shall include:
(a) A description of the historic archaeological resource sufficient to identify its historic association, identity, and integrity of its physical remains. Any historic information you have on the resource and the circumstances of its loss.
(b) Locational information including latitude, longitude, and depth, township, range, section and quarter section, and UTM.
(c) A copy of the relevant United States Coast and Geodetic Survey chart indicating the resource's location. The location of the resource plotted on a USGS topography map.
(d) A copy of a photograph or videotape documenting the existence of identifiable physical remains of the resource sufficient to establish its historic identity and integrity. If a photograph or videotape will not establish the existence of identifiable physical remains of the resource sufficient to establish its historic identity and integrity, the applicant may apply to the department for permission to obtain a sample artifact for this purpose. In the event the applicant wishes to apply for such permission, the applicant shall be subject to some portions of WAC 25-48-030.
Washington Administrative Code › Title 25 - Archaeology and Historic Preservation, Department of › Chapter 25-46 - Registration of historic archaeological resources on state-owned aquatic lands › Section 25-46-080 - Competing applications for the same resource

Current through Register Vol. 24-14, July 15, 2024
(1) When registration forms are submitted for the same resource by two or more entities, the applications shall be evaluated, accepted, or denied in sequence based upon the unique log number assigned by the department. The registration forms must be submitted via FedEx or other delivery service which records time and date of delivery.
(2) Notice will be sent by the department to each of the entities submitting the registration application for the same resource notifying them of the competing application and the sequence in which they will be evaluated. No competing application will be evaluated until such time as the first pending application has been denied and all appeal rights of that applicant have been exhausted.
(3) When an historic archaeological resource has been registered with the department all subsequent registration applications for that resource within the five-year time period for right of first refusal will be issued a notice that the resource has already been registered and the applications are denied.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
										25-46-080, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW   27.53.030, 27.53.060 and 1988 c 124 §§ 1, 3, 5, 6, 7 and 10. 88-23-005 (Order 88-07), §
										25-46-080, filed 11/4/88.