reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-270 - Prehearing conference

Current through Register Vol. 24-14, July 15, 2024
(1) The council upon its own motion or upon request of a party
				may direct the parties or their representatives to engage in a prehearing
				conference or conferences to consider:
(a) Simplification of issues;
(b) The necessity or desirability of amendments to the
				pleadings;
(c) The possibility of obtaining stipulations, admissions of
				fact, and admissions of the genuineness of documents which will avoid
				unnecessary proof;
(d) Limitations on the number and consolidation of the
				examination of witnesses;
(e) Procedural matters;
(f) Distribution of written testimony and exhibits to the
				parties prior to the hearing;
(g) The disposition of petitions for leave to intervene in the
				proceeding filed pursuant to WAC
				463-30-091 may be ruled upon at a
				prehearing conference;
(h) Such other matters as may aid in the disposition or
				settlement of the proceeding including scheduling the hearing and determination
				of the sequence of the subject matter.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-300 - Hearing schedule guidelines

Current through Register Vol. 24-14, July 15, 2024
In any adjudicative site certification proceeding the council
				shall, after consultation with the parties, schedule the hearing process so
				that the following general subject areas may be heard separately at specified
				times, to the extent they are in issue:
(1) The description of the particular energy facility and the
				proposed site.
(2) Consistency of the proposal with zoning and land use
				regulations.
(3) Physical site suitability and related safety
				considerations.
(4) NPDES, PSD, or other permits.
(5) On-site and local impacts (physical): Such as aquatic,
				terrestrial and atmospheric.
(6) On-site and local impacts (societal): Such as housing,
				services, recreation, economics, transportation, health, and tax base.
(7) Peripheral area impacts (all categories).
(8) Adverse impacts minimization and consideration of
				conditions of certification.
At the commencement of the hearing, the council shall publicly
				announce the proposed schedule by which the hearing is to be conducted. The
				council may alter the schedule.
Statutory Authority:
				  RCW 34.05.250. 98-01-083, §
										463-30-300,
				  filed 12/12/97, effective 1/12/98. Statutory Authority:
				  RCW  80.50.040. 90-05-018, §
										463-30-300,
				  filed 2/13/90, effective 3/16/90; Order 109, §
										463-30-300, filed
				  11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-310 - Rules of evidence

Current through Register Vol. 24-14, July 15, 2024
(1) All rulings upon objections to the admissibility of
				evidence shall be made in accordance with the provisions of
				RCW  34.05.452.
(2) Where practicable, the presiding officer may order:
(a) That all documentary evidence which is to be offered during
				the hearing or portions of the hearing be submitted to the presiding officer
				and to the other parties sufficiently in advance to permit study and
				preparation of cross-examination and rebuttal evidence;
(b) That documentary evidence not submitted in advance as
				required in (a) of this subsection be not received in evidence in the absence
				of a clear showing that the offering party had good cause for his or her
				failure to produce the evidence sooner, unless it is submitted for impeachment
				purposes;
(c) That the authenticity of all documents submitted in advance
				in a proceeding in which such submission is required be deemed admitted unless
				written objection thereto is filed prior to the hearing, except that a party
				will be permitted to challenge such authenticity at a later time upon a clear
				showing of good cause for failure to have filed such written objection.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-320 - Preparation of recommendation to the governor

Current through Register Vol. 24-14, July 15, 2024
Every recommendation to the governor shall:
(1) Be correctly captioned to identify the council and name of
				the proceeding;
(2) Identify all parties and representatives participating in
				the proceeding;
(3) Include a concise statement on the nature and background of
				the proceeding;
(4) Contain appropriate numbered findings of fact;
(5) Contain appropriate numbered conclusions of law, including
				citations to statutes and rules relied upon;
(6) Contain a recommendation disposing of all contested
				issues;
(7) Contain such other information deemed appropriate by the
				council;
(8) Contain a statement describing the parties' rights to
				reconsideration or other administrative relief.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-30-320, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 90-05-018, §
										463-30-320,
				  filed 2/13/90, effective 3/16/90. Statutory Authority:
				  RCW 80.50.040(1). 82-10-027
				  (Order 82-2), §
										463-30-320, filed 4/30/82; Order 109, §
										463-30-320,
				  filed 11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-335 - Petition for reconsideration of recommendations to the governor

Current through Register Vol. 24-14, July 15, 2024
A petition for reconsideration of a recommendation to the
				governor shall be filed with the council manager.
(1) The petition for reconsideration shall be filed with the
				council within twenty days of the date of service of the recommendation to the
				governor, unless a different place and time limit for filing the petition are
				specified in the recommendation to the governor in its statement describing
				available procedures for administrative relief. Copies of the petition shall be
				served upon all other parties or their representatives at the time the petition
				is filed.
(2) The petition for reconsideration shall specify the
				challenged portions of the recommendation to the governor and shall refer to
				the evidence of record and legal authority which is relied upon to support the
				petition.
(3) Any party may file an answer to a petition for
				reconsideration. The answer shall be filed with the council manager within
				fourteen days after the date of service of the petition and copies of the
				answer shall be served upon all other parties or their representatives at the
				time the answer is filed.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-30-335, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW  80.50.040(1) and
				  34.05.250. 98-01-084, §
										463-30-335, filed 12/12/97, effective 1/12/98. Statutory Authority:
				  RCW 80.50.040. 90-05-018, §
										463-30-335,
				  filed 2/13/90, effective 3/16/90.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-30 - Adjudicative proceedings › Section 463-30-345 - Recommendation - Transmittal to governor

Current through Register Vol. 24-14, July 15, 2024
Upon the adoption by the council of its recommendations as to
				the approval or disapproval of an application for certification, the council
				shall forward such recommendations to the governor.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-30-345, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-34 - Petitions for rule making and declaratory orders › Section 463-34-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter sets forth procedures to be followed in petitions
				for rule making and for declaratory orders pursuant to
				chapter
				34.05 RCW.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-34-010, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 90-05-018, §
										463-34-010,
				  filed 2/13/90, effective 3/16/90; Order 107, §
										463-34-010, filed
				  11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-34 - Petitions for rule making and declaratory orders › Section 463-34-030 - Petitions for rule making - Content and filing

Current through Register Vol. 24-14, July 15, 2024
(1) Petitions for adoption, amendment, or repeal of a rule may
				be filed pursuant to
				RCW  34.05.330 and shall include the information
				required by WAC
				82-05-020. In addition,
				petitioners are encouraged to include the information identified in WAC
				82-050-020(1)(c) and
				(2).
(2) Petitions for adoption, repeal, or amendment of a rule must
				be submitted in accordance with WAC
				82-05-030.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-34-030, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 90-05-018, §
										463-34-030,
				  filed 2/13/90, effective 3/16/90; Order 107, §
										463-34-030, filed
				  11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-34 - Petitions for rule making and declaratory orders › Section 463-34-050 - Petitions for rule making - Consideration

Current through Register Vol. 24-14, July 15, 2024
(1) In accordance with WAC
				82-05-040, within a reasonable
				time of receipt of a petition for rule making, the council will send the
				petitioner an acknowledgment of receipt of the petition and the name and
				telephone number of the council's contact person.
(2) Each petition for the adoption, amendment, or repeal of a
				rule shall be considered by the council, and the council may, in its
				discretion, solicit comments or invite discussion concerning the matter prior
				to disposition of the petition.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-34-050, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 90-05-018, §
										463-34-050,
				  filed 2/13/90, effective 3/16/90; Order 107, §
										463-34-050, filed
				  11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-34 - Petitions for rule making and declaratory orders › Section 463-34-060 - Petitions for rule making - Disposition

Current through Register Vol. 24-14, July 15, 2024
In accordance with
				RCW  34.05.330 and WAC
				82-05-040, within sixty days after
				receipt of the petition, the council shall deny the petition in writing,
				stating its reasons for the denial, and serve petitioner with a copy, or
				initiate rule-making proceedings.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-34-060, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 90-05-018, §
										463-34-060,
				  filed 2/13/90, effective 3/16/90; Order 107, §
										463-34-060, filed
				  11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-34 - Petitions for rule making and declaratory orders › Section 463-34-070 - Declaratory orders - Form, content, and filing

Current through Register Vol. 24-14, July 15, 2024
A petition for a declaratory order may be filed pursuant to
				RCW  34.05.240 to determine the applicability to a
				specified circumstance of a statute, rule, or order enforceable by the council
				and shall generally adhere to the following form:
(1) At the top of the page, centered, shall appear the wording
				"before the energy facility site evaluation council." On the left side of the
				page below the foregoing the following caption shall be set out: "In the matter
				of the petition of (name of petitioning party) for a declaratory order."
				Opposite the caption shall appear the words "petition for declaratory
				order."
(2) The body of the petition shall be set out in numbered
				paragraphs:
(a) The first paragraph shall state the name and address of the
				petitioning party.
(b) The second paragraph shall identify all statutes, rules,
				orders, or other legal requirements that are at issue.
(c) Succeeding paragraphs shall set out the facts relied upon
				by the petitioner to make the showing required by
				RCW  34.05.240(1) and to support
				the petitioner's requested outcome.
(d) The concluding paragraph shall specify the outcome sought
				by the petitioner.
The petition shall be subscribed and verified in the manner
				prescribed for verification of complaints in the superior courts of this
				state.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-34 - Petitions for rule making and declaratory orders › Section 463-34-080 - Declaratory orders - Procedural rights of persons in relation to petition

Current through Register Vol. 24-14, July 15, 2024
(1) In accordance with WAC
				10-08-251, if a petition for a
				declaratory order is set for specified proceedings under
				RCW  34.05.240(5)(b), the council
				shall give not less than seven days' advance written notice of the proceeding
				to the petitioner and all persons described in
				RCW  34.05.240(3). The notice
				shall specify the time, date, place, and nature of the proceeding and shall
				describe how interested persons may participate.
(2) The council may order that
				RCW  34.05.410 through
				34.05.494 and chapter 463-30 WAC
				shall apply in a proceeding under this section.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-34-080, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 90-05-018, §
										463-34-080,
				  filed 2/13/90, effective 3/16/90; Order 107, §
										463-34-080, filed
				  11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-34 - Petitions for rule making and declaratory orders › Section 463-34-090 - Declaratory orders - Disposition

Current through Register Vol. 24-14, July 15, 2024
In accordance with WAC
				10-08-252, a declaratory order
				entered by the council or a decision by the council to decline to enter a
				declaratory order shall be in writing and shall be served upon the petitioner
				and all other persons described in
				RCW  34.05.240(3).
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-34-090, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 90-05-018, §
										463-34-090,
				  filed 2/13/90, effective 3/16/90; Order 107, §
										463-34-090, filed
				  11/4/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-43 - Expedited processing › Section 463-43-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter sets forth eligibility and processing requirements
				for abbreviated procedures for applications pursuant to
				RCW  80.50.075.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-43-010, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW  80.50.071. 78-05-054 (Order 78-2), §
										463-43-010, filed 4/26/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-43 - Expedited processing › Section 463-43-020 - Standard application required

Current through Register Vol. 24-14, July 15, 2024
An applicant seeking expedited processing shall submit an
				application for site certification, fees, and a request for expedited
				processing as required by
				RCW  80.50.075.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-43-020, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW  80.50.071. 78-05-054 (Order 78-2), §
										463-43-020, filed 4/26/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-43 - Expedited processing › Section 463-43-025 - Environmental checklist required

Current through Register Vol. 24-14, July 15, 2024
An applicant seeking expedited processing shall submit a
				completed SEPA environmental checklist with an application for site
				certification unless the council finds the proposal is categorically
				exempt.
Statutory Authority:
				  Chapter
				  80.50 RCW and
				  RCW 80.50.040. 09-05-067, §
										463-43-025,
				  filed 2/13/09, effective 3/16/09.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-43 - Expedited processing › Section 463-43-030 - Eligible proposals

Current through Register Vol. 24-14, July 15, 2024
An application may be expedited when the council finds:
(1) The environmental impact of the proposed energy facility
				will be mitigated to a nonsignificant level under the State Environmental
				Policy Act; and
(2) The project is found to be consistent and in compliance
				with city, county, or regional land use plans.
Statutory Authority:
				  Chapter
				  80.50 RCW and
				  RCW 80.50.040. 09-05-067, §
										463-43-030,
				  filed 2/13/09, effective 3/16/09. Statutory Authority:
				  RCW  80.50.071. 78-05-054 (Order 78-2), §
										463-43-030, filed 4/26/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-43 - Expedited processing › Section 463-43-040 - Prior to making a determination of eligibility for expedited processing

Current through Register Vol. 24-14, July 15, 2024
The council prior to making a determination of eligibility for
				expedited processing shall:
(1) Conduct a public informational meeting in the county of the
				proposed site within sixty days of receipt of an application to provide
				information to the public concerning the nature and purpose of the energy
				facility and the review process to be undertaken by the council and to provide
				an opportunity for the public to present its views;
(2) Determine at a public hearing within sixty days of receipt
				of an application if the proposed site is consistent and in compliance with
				city, county or regional land use plans and zoning ordinances;
(3) Review the application pursuant to WAC
				463-43-030; in making its review
				the council may engage pursuant to
				RCW  80.50.071(1)(a) an
				independent consultant to provide an assessment of the application and
				environmental checklist and to conduct any special study deemed necessary by
				the council; and
(4) If applicable, initiate processing of:
(a) A NPDES application in accordance with chapter 463-76 WAC;
(b) An air emissions or PSD permit application in accordance
				with 463-78 WAC;
(c) Other such authorizations or permits as may be required by
				law or rule and necessary for construction and operation of the
				project.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-43 - Expedited processing › Section 463-43-050 - Expedited processing determination

Current through Register Vol. 24-14, July 15, 2024
Following the review of an application, environmental
				checklist, and land use hearing and within one hundred twenty days of receipt
				of an application or such later time as is mutually agreed by the applicant and
				the council, the council by order will grant expedited processing for an
				application when it has found that:
(1) The proposed site is consistent and in compliance with
				city, county or regional land use plans, zoning ordinances; and
(2) The environmental impacts are not significant or may be
				mitigated to nonsignificant level under
				RCW  43.21C.031.
Statutory Authority:
				  Chapter
				  80.50 RCW and
				  RCW 80.50.040. 09-05-067, §
										463-43-050,
				  filed 2/13/09, effective 3/16/09. Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, §
										463-43-050, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW  80.50.071. 78-05-054 (Order 78-2), §
										463-43-050, filed 4/26/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-43 - Expedited processing › Section 463-43-060 - Effect of expedited processing

Current through Register Vol. 24-14, July 15, 2024
For an application granted expedited processing under WAC
				463-43-050 the council shall
				not:
(1) Conduct any further review of an application by an
				independent consultant; however, at the direction of the council an independent
				consultant may prepare air or water discharge permits or other ancillary
				permits or studies that may be needed as part of a recommendation to the
				governor;
(2) Hold an adjudicative proceeding under
				chapter
				34.05 RCW; and
(3) Continue an adjudicative proceeding that has
				commenced.
Statutory Authority:
				  Chapter
				  80.50 RCW and
				  RCW 80.50.040. 09-05-067, §
										463-43-060,
				  filed 2/13/09, effective 3/16/09. Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, §
										463-43-060, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 91-03-090, §
										463-43-060,
				  filed 1/18/91, effective 2/18/91. Statutory Authority:
				  RCW  80.50.071. 78-05-054 (Order 78-2), §
										463-43-060, filed 4/26/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-43 - Expedited processing › Section 463-43-070 - Expedited application processing

Current through Register Vol. 24-14, July 15, 2024
The council will prescribe the form, content and necessary
				supporting documentation for site certification during council meetings. All
				interested persons and the counsel for the environment shall be afforded an
				opportunity to make presentations on the matters herein.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-43-070, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW  80.50.071. 78-05-054 (Order 78-2), §
										463-43-070, filed 4/26/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-43 - Expedited processing › Section 463-43-080 - Recommendation - Transmittal to governor

Current through Register Vol. 24-14, July 15, 2024
Within sixty days following the granting of expedited
				processing or such later time as is mutually agreed by the applicant and the
				council, the council shall forward its recommendation, and if the
				recommendation is for approval, the council will also forward a copy of a draft
				site certification agreement to the governor.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-43-080, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW  80.50.071. 78-05-054 (Order 78-2), §
										463-43-080, filed 4/26/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-47 - SEPA rules › Section 463-47-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
These rules are promulgated under
				RCW  43.21C.120 (the State Environmental Policy
				Act) and chapter 197-11 WAC (SEPA rules).
Statutory Authority:
				  RCW 80.50.040(1). 84-19-031
				  (Order 84-2), §
										463-47-010, filed 9/14/84. Formerly chapter 463-46 WAC.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-47 - SEPA rules › Section 463-47-030 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter implements the statewide rules in chapter 197-11 WAC as they apply to the energy facility site evaluation
				council.
Statutory Authority:
				  RCW 80.50.040(1). 84-19-031
				  (Order 84-2), §
										463-47-030, filed
				  9/14/84.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-47 - SEPA rules › Section 463-47-050 - Designation of decisionmaker

Current through Register Vol. 24-14, July 15, 2024
Within the energy facility site evaluation council the
				decisionmaker is the council.
Statutory Authority:
				  RCW 80.50.040(1). 84-19-031
				  (Order 84-2), §
										463-47-050, filed
				  9/14/84.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-47 - SEPA rules › Section 463-47-051 - Designation of responsible official

Current through Register Vol. 24-14, July 15, 2024
Within the energy facility site evaluation council the
				responsible official is the council manager.
Statutory Authority:
				  RCW 80.50.040(1). 92-09-013,
				  §
										463-47-051, filed 4/2/92, effective 5/3/92; 84-19-031 (Order 84-2),
				  §
										463-47-051, filed 9/14/84.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-47 - SEPA rules › Section 463-47-060 - Additional timing considerations

Current through Register Vol. 24-14, July 15, 2024
(1) The council will determine when it receives an application
				whether the proposal is an "action" and, if so, whether it is "categorically
				exempt" from SEPA. If the proposal is an action and is not exempt, the council
				will request the applicant to complete an environmental checklist. A checklist
				is not needed if the council and applicant agree an EIS is required, SEPA
				compliance has been completed, SEPA compliance has been initiated by another
				agency, or a checklist is included with the application. The applicant should
				also complete an environmental checklist if the council is unsure whether the
				proposal is exempt.
(2) The council may initiate an adjudicative proceeding
				required by
				RCW  80.50.090 prior to completion of the draft
				EIS.
Statutory Authority:
				  RCW 80.50.040(1). 07-21-035,
				  §
										463-47-060, filed 10/9/07, effective 11/9/07. Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, §
										463-47-060, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 91-03-090, §
										463-47-060,
				  filed 1/18/91, effective 2/18/91. Statutory Authority:
				  RCW 80.50.040(1). 84-19-031
				  (Order 84-2), §
										463-47-060, filed
				  9/14/84.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-47 - SEPA rules › Section 463-47-070 - Threshold determination process - Additional considerations

Current through Register Vol. 24-14, July 15, 2024
When reviewing a completed environmental checklist to make the
				threshold determination, the council will:
(1) Independently evaluate the responses of the applicant and
				note comments, concerns, corrections, or new information in the right margin of
				the checklist.
(2) Conduct the initial review of the checklist and any
				supporting documents without requiring additional information from the
				applicant.
Statutory Authority:
				  RCW 80.50.040(1). 84-19-031
				  (Order 84-2), §
										463-47-070, filed
				  9/14/84.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-47 - SEPA rules › Section 463-47-080 - Mitigated DNS

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant may ask the council whether issuance of a DS
				is likely for a proposal. This request for early notice must:
(a) Be written;
(b) Follow submission of an application and environmental
				checklist for a nonexempt proposal for which the council is lead agency;
				and
(c) Precede the council's actual threshold determination for
				the proposal.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-47 - SEPA rules › Section 463-47-090 - EIS preparation

Current through Register Vol. 24-14, July 15, 2024
(1) Preparation of draft and final EISs, SEISs, or addenda is
				the responsibility of the council. The responsible official shall be satisfied
				that these documents comply with these rules and chapter 197-11 WAC prior to
				issuance.
(2) The council has the following options for draft and final
				EISs, SEISs, or addenda preparation:
(a) The council prepares its own documents.
(b) The council's independent consultant prepares any or all of
				the documents under the supervision of the responsible official.
(c) The council requires the applicant to prepare the documents
				with oversight from the responsible official.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-47 - SEPA rules › Section 463-47-100 - Public notice requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The council shall give public notice when issuing a DNS
				under WAC
				197-11-350(2), a
				scoping notice under WAC
				173-802-090, or a draft EIS under
				WAC 197-11-455.
(2) Whenever possible, the council shall integrate the public
				notice required under this section with existing notice procedures for the
				council's review of an application.
(a) When more than one permit required from the council has
				public notice requirements, the notice procedures that would reach the widest
				audience should be used, if possible.
(b) If the public notice requirements for the permit or
				certification must be completed at a specific time in the permitting process
				and that timing does not coincide with the timing requirements for SEPA public
				notice, the council must use one or more public notice methods in subsection
				(4) of this section.
(c) If there are no public notice requirements for any of the
				permits required for a proposal, the council must use one or more public notice
				methods in subsection (4) of this section.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-47 - SEPA rules › Section 463-47-110 - Policies and procedures for conditioning or denying permits or other approvals

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) The overriding policy of the council is to avoid or
				mitigate adverse environmental impacts which may result from the council's
				decisions.
(b) The council shall use all practicable means, consistent
				with other essential considerations of state policy, to improve and coordinate
				plans, functions, programs, and resources to the end that the state and its
				citizens may:
(i) Fulfill the responsibilities of each generation as trustee
				of the environment for succeeding generations;
(ii) Assure for all people of Washington safe, healthful,
				productive, and aesthetically and culturally pleasing surroundings;
(iii) Attain the widest range of beneficial uses of the
				environment without degradation, risk to health or safety, or other undesirable
				and unintended consequences;
(iv) Preserve important historic, cultural, and natural aspects
				of our national heritage;
(v) Maintain, wherever possible, an environment which supports
				diversity and variety of individual choice;
(vi) Achieve a balance between population and resource use
				which will permit high standards of living and a wide sharing of life's
				amenities; and
(vii) Enhance the quality of renewable resources and approach
				the maximum attainable recycling of depletable resources.
(c) The council recognizes that each person has a fundamental
				and inalienable right to a healthful environment and that each person has a
				responsibility to contribute to the preservation and enhancement of the
				environment.
(d) The council shall ensure that presently unquantified
				environmental amenities and values will be given appropriate consideration in
				decision making along with economic and technical considerations.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-47 - SEPA rules › Section 463-47-120 - Critical areas

Current through Register Vol. 24-14, July 15, 2024
In determining whether a proposal is exempt from SEPA, the
				council shall consider "critical area" designations made by local governments
				under WAC
				197-11-908.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-47-120, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW  80.50.040(1) and
				  43.21C.120. 98-01-082, §
										463-47-120, filed 12/12/97, effective 1/12/98. Statutory Authority:
				  RCW 80.50.040(1). 84-19-031
				  (Order 84-2), §
										463-47-120, filed
				  9/14/84.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-47 - SEPA rules › Section 463-47-130 - Threshold levels adopted by cities/counties

Current through Register Vol. 24-14, July 15, 2024
In determining whether a proposal is exempt from SEPA, the
				council shall consider the threshold levels adopted by cities/counties under
				WAC 197-11-800(1).
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-47-130, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040(1). 84-19-031
				  (Order 84-2), §
										463-47-130, filed
				  9/14/84.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-47 - SEPA rules › Section 463-47-140 - Responsibilities of the council's responsible official

Current through Register Vol. 24-14, July 15, 2024
The EFSEC manager shall be responsible for the
				following:
(1) Coordinating activities to comply with SEPA and encouraging
				consistency in SEPA compliance.
(2) Providing information and guidance on SEPA and the SEPA
				rules to council, council staff, groups, and citizens.
(3) Reviewing SEPA documents falling under council interests
				and providing the department of ecology with comments.
(4) Maintaining the files for EISs, DNSs, and scoping notices,
				and related SEPA matters.
(5) Writing and/or coordinating EIS preparation, including
				scoping and the scoping notice, making sure to work with interested
				agencies.
(6) Publishing and distributing its SEPA rules and amending its
				SEPA rules, as necessary.
(7) Fulfilling the council's other general responsibilities
				under SEPA and the SEPA rules.
Statutory Authority:
				  RCW 80.50.040(1). 07-21-035,
				  §
										463-47-140, filed 10/9/07, effective 11/9/07; 84-19-031 (Order 84-2),
				  §
										463-47-140, filed 9/14/84.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-47 - SEPA rules › Section 463-47-150 - Coordination on combined council - Federal action

Current through Register Vol. 24-14, July 15, 2024
When the council is considering an action which also involves
				federal actions, it shall attempt to coordinate the two governmental processes
				so that only one environmental impact statement need be prepared for that
				proposal.
Statutory Authority:
				  RCW 80.50.040(1). 84-19-031
				  (Order 84-2), §
										463-47-150, filed
				  9/14/84.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-47 - SEPA rules › Section 463-47-190 - 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 80.50.040(1). 84-19-031
				  (Order 84-2), §
										463-47-190, filed
				  9/14/84.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-50 - Independent consultants › Section 463-50-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter establishes guidelines regarding council use of
				independent consultants.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-50-010, filed 10/11/04, effective 11/11/04; Order 110,
				  §
										463-50-010, filed 11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-50 - Independent consultants › Section 463-50-030 - Principles governing selection of independent consultants

Current through Register Vol. 24-14, July 15, 2024
Each consultant selected to perform independent consulting
				services shall have demonstrated its qualifications on the basis of experience
				and competence in specific, or closely associated, areas for which consulting
				services are desired. A consultant shall not be hired or retained by the
				council if upon examination by the council, a significant conflict of interest
				is found with regard to the applicant or other parties involved or potentially
				involved in the adjudicative proceeding.
Statutory Authority:
				  RCW 80.50.040. 91-03-090, §
										463-50-030,
				  filed 1/18/91, effective 2/18/91; Order 110, §
										463-50-030, filed
				  11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-50 - Independent consultants › Section 463-50-040 - Duties to be performed by consultant

Current through Register Vol. 24-14, July 15, 2024
The independent consultant shall be primarily responsible for
				the review and evaluation of information provided by the applicant to determine
				areas of possible omissions, and may undertake assignments or studies as may be
				specified or provided for by the contract with the council. The independent
				consultant may be contracted to:
(1) Prepare a potential site study and supporting documents for
				compliance with the topical guidelines and for technical veracity, and prepare
				a criteria document which details the contents of an application for site
				certification;
(2) Review and analyze an energy project site certification
				application for compliance with the requirements contained in chapter 463-62 WAC (Construction and operation standards for energy facilities) and chapter
				463-60 WAC;
(3) Identify areas of critical environmental
				sensitivity;
(4) Develop and provide such information as the council may
				deem essential to an adequate site appraisal; and
(5) Provide technical advice to the council during the site
				certification process.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-50-040, filed 10/11/04, effective 11/11/04; Order 110,
				  §
										463-50-040, filed 11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-50 - Independent consultants › Section 463-50-050 - Basis for compensation

Current through Register Vol. 24-14, July 15, 2024
The basis for compensation to be specified in contracts with
				independent consultants shall generally be as follows:
(1) For applications for site certification, where the total
				scope and/or volume of work is variable and acts to prevent advance
				determination of total project cost, the consultant shall be compensated on the
				basis of actual cost plus a net fee for profit;
(2) For potential site studies, where the total scope and/or
				volume of work to be performed can be specified in advance, the consultant
				shall be compensated on the basis of a lump sum payment.
All payments to independent consultants shall be subject to
				audit.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-50-050, filed 10/11/04, effective 11/11/04; Order 110,
				  §
										463-50-050, filed 11/16/76.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-58 - Charges for independent consultant study, regular and expedited application processing, electrical transmission preapplications, determining compliance and potential site study › Section 463-58-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter sets rules relating to costs or charges for
				independent consultant studies, regular and expedited application processing,
				electrical transmission facility preapplication, determining compliance and
				potential site studies. The department of community, trade, and economic
				development will provide all fiscal services for the council. For the purposes
				of this chapter "department" shall mean the department of community, trade, and
				economic development.
Statutory Authority:
				  Chapter
				  80.50 RCW and
				  RCW 80.50.040. 09-05-067, §
										463-58-010,
				  filed 2/13/09, effective 3/16/09. Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, §
										463-58-010, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW  80.50.071. 78-05-054 (Order 78-2), §
										463-58-010, filed 4/26/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-58 - Charges for independent consultant study, regular and expedited application processing, electrical transmission preapplications, determining compliance and potential site study › Section 463-58-020 - Costs for the independent consultant studies

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW  80.50.071, a deposit of twenty-five thousand
				dollars for each proposed site shall accompany the application for an energy
				facility site certification. This charge shall be applied toward the total cost
				of the independent consultant study authorized by
				RCW  80.50.071. The determination of the total
				costs required for the study shall generally be as follows:
(1) The council may determine that the initial charge of
				twenty-five thousand dollars is insufficient to adequately fund the study. If
				so, the council shall so advise the applicant and shall furnish an estimate of
				the supplemental costs needed to complete the study and shall direct the
				applicant to increase the funds on deposit to cover the anticipated costs. In
				no event shall the study be allowed to continue if the applicant has not agreed
				to pay the cost thereof and has not deposited the agreed upon funds;
(2) Should the applicant file amendments or supplements to the
				application or should the council find that additional study of the application
				is required, additional cost estimates will be prepared by the consultant and
				provided to the council. Upon approval of the estimate by the council, the
				applicant shall be advised of the additional study costs;
(3) The council shall authorize the independent consultant to
				initiate evaluation of the application materials or subsequently filed
				amendatory or supplementary materials when the applicant has paid the required
				costs.
Statutory Authority:
				  Chapter
				  80.50 RCW and
				  RCW 80.50.040. 09-05-067, §
										463-58-020,
				  filed 2/13/09, effective 3/16/09. Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, §
										463-58-020, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW  80.50.071. 78-05-054 (Order 78-2), §
										463-58-020, filed 4/26/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-58 - Charges for independent consultant study, regular and expedited application processing, electrical transmission preapplications, determining compliance and potential site study › Section 463-58-030 - Costs for regular application processing

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW  80.50.071 each applicant for energy facility
				site certification shall at the time of application submission deposit twenty
				thousand dollars for costs related to processing of the application. Such
				processing costs shall consist of those determined by the council to be
				reasonable and necessary including:
(1) A hearing examiner(s) who may be retained by the council
				for the duration of the application processing period or for such portion of
				the processing period as the council may consider necessary;
(2) A court reporter(s) for the recording and preparation of
				transcripts of an adjudicative proceeding, council meetings or public sessions
				which the council shall consider necessary;
(3) Additional staff salaries for those persons employed on the
				council staff for the duration of the application processing period; and
(4) Such overhead and support costs including wages and
				employee benefits, goods and services, travel expenses within the state and
				miscellaneous expenses as arise directly from application processing;
(5) The council may determine that the initial charge of twenty
				thousand dollars is insufficient to fund the council costs. If so, the council
				shall so advise the applicant and shall request the applicant to increase the
				funds on deposit to cover the anticipated costs. In no event shall the
				processing of the application continue if the applicant has not agreed to pay
				the cost thereof and has not deposited the agreed upon funds.
Statutory Authority:
				  Chapter
				  80.50 RCW and
				  RCW 80.50.040. 09-05-067, §
										463-58-030,
				  filed 2/13/09, effective 3/16/09. Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, §
										463-58-030, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW 80.50.040. 91-03-090, §
										463-58-030,
				  filed 1/18/91, effective 2/18/91. Statutory Authority:
				  RCW  80.50.071. 78-05-054 (Order 78-2), §
										463-58-030, filed 4/26/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-58 - Charges for independent consultant study, regular and expedited application processing, electrical transmission preapplications, determining compliance and potential site study › Section 463-58-040 - Costs for expedited application processing

Current through Register Vol. 24-14, July 15, 2024
Applicants filing applications for expedited processing under
				RCW  80.50.075 shall provide funding in accordance
				with WAC 463-58-020 and
				463-58-030.
Statutory Authority:
				  Chapter
				  80.50 RCW and
				  RCW 80.50.040. 09-05-067, §
										463-58-040,
				  filed 2/13/09, effective 3/16/09. Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, §
										463-58-040, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW  80.50.071. 78-05-054 (Order 78-2), §
										463-58-040, filed 4/26/78.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-58 - Charges for independent consultant study, regular and expedited application processing, electrical transmission preapplications, determining compliance and potential site study › Section 463-58-050 - Costs for determining compliance

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW  80.50.071(1)(c) each
				certificate holder shall pay such reasonable costs as are actually and
				necessarily incurred by the council for inspection and determination of
				compliance by the certificate holder with the terms and conditions of the
				certificate. The amount of funds required to be placed on deposit by the
				certificate holder shall be determined by the council and deposited by the
				applicant within thirty days of the governor's signing the site certification
				agreement.
Statutory Authority:
				  Chapter
				  80.50 RCW and
				  RCW 80.50.040. 09-05-067, §
										463-58-050,
				  filed 2/13/09, effective 3/16/09. Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, §
										463-58-050, filed 10/11/04, effective 11/11/04. Statutory
				  Authority:
				  RCW  80.50.071. 78-05-054 (Order 78-2), §
										463-58-050, filed 4/26/78.