Washington Administrative Code › Title 140 - Convention and Trade Center › Chapter 140-09 - Washington state convention and trade center-SEPA guidelines › Part TWO - GENERAL REQUIREMENTS › Section 140-09-050 - Lead agency determination and responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) The corporation receiving an application
				for or initiating a proposal that involves a nonexempt action shall determine
				the lead agency for that proposal under WAC
				197-11-050,
				197-11-253, and
				197-11-922 through
				197-11-940.
(2) The corporation shall serve as the lead
				agency for all proposals by the corporation. When the total proposal will
				involve both private and corporation construction activity, it shall be
				characterized as either a private or a corporation project for the purposes of
				lead agency designation, depending upon whether the primary sponsor or
				initiator of the project is the corporation or a private party. Any project in
				which corporation and private interests are too intertwined to make this
				characterization shall be considered a corporation project.
(3) When the corporation is not the lead
				agency for a proposal, the corporation shall use and consider, as appropriate,
				either the DNS or the final EIS of the lead agency in making decisions on the
				proposal. The corporation shall not prepare or require preparation of a DNS or
				EIS in addition to that prepared by the lead agency, unless required under WAC
				197-11-600. In some cases, the
				corporation may conduct supplemental environmental review under WAC
				197-11-600.
(4) If the corporation receives a lead agency
				determination made by another agency that appears inconsistent with the
				criteria of WAC
				197-11-253 or
				197-11-922 through
				197-11-940, it may object to the
				determination. Any objection must be made to the agency originally making the
				determination and resolved within fifteen days of receipt of the determination,
				or the corporation must petition the department of ecology for a lead agency
				determination under WAC
				197-11-946 within the fifteen-day
				time period. Any such petition on behalf of the corporation may be initiated by
				the president of the Washington state convention and trade center.
(5) The corporation is authorized to make
				agreements as to lead agency status or shared lead agency duties for a proposal
				under WAC
				197-11-942 and
				197-11-944; provided that the
				responsible official approves the agreement.
(6) The corporation, making a lead agency
				determination for a private project shall require sufficient information from
				the applicant to identify which other agencies have jurisdiction over the
				proposal (That is: Which agencies require nonexempt licenses?).
(7) When the corporation is the lead agency
				for a MTCA remedial action, the department of ecology shall be provided an
				opportunity under WAC
				197-11-253(5) to
				review the environmental documents prior to public notice being provided. If
				the SEPA and MTCA documents are issued together with one public comment period
				under WAC
				197-11-253(6),
				the corporation shall decide jointly with ecology who receives the comment
				letters and how copies of the comment letters will be distributed to the other
				agency.
Statutory Authority:
					 RCW 43.21C.120. 08-13-015, §
											140-09-050,
					 filed 6/6/08, effective 7/7/08. Statutory Authority:
					 Chapter
					 43.21C RCW. 85-03-004
					 (Order 3, Resolution No. 103), §
											140-09-050, filed
					 1/3/85.