Procedure: 6890P
Administration
State Environmental Policy Act Compliance
1. Adoption of Statutory and Regulatory Provisions
Except as modified or supplemented by the provisions of Policy 9240, the Sumner School District (the “District”) hereby adopts and designates as its environmental policies, the policies, procedures, and definitions contained in the State Environmental Policy Act of 1971 (SEPA), as amended, as codified in RCW Chapter 43.21C and Washington State Administrative Code Regulations, Chapter 197-11. Future amendments to that Act and WAC Chapter shall be deemed adopted by the District.
2. Definitions
A. “District” shall mean Sumner School District No. 320.
B. “Department” shall mean any organizational unit of the District.
C. “SEPA Rules” shall mean WAC Chapter 197-11 adopted by the Washington State Department of Ecology.
3. Timing of the SEPA Process
Department heads shall endeavor to integrate the SEPA process at the earliest possible time to ensure that planning decisions reflect environmental values, to avoid delays later in the process. Proponents of proposals for the District shall prepare an environmental checklist substantially in the form provided in WAC 197-11-960 for all proposals not exempted by Policy 9240.
4. Designation of Responsible Official
For those proposals for which the District is the Lead Agency, the Responsible Official shall be the Superintendent or his designee.
5. Lead Agency Determination and Responsibilities
When receiving an application for or initiating a proposal that involves a nonexempt action, the Responsible Official shall determine the Lead Agency for that proposal pursuant to SEPA Rules. If the District acts as Lead Agency for any non-district proposals, the Responsible Official may charge an appropriate fee to the Applicant. The District is authorized to and may act as Lead Agency with the main responsibility for complying with the SEPA Rules for all its proposals. The Responsible Official may, where appropriate, enter into agreements with other governmental agencies to designate another agency as the Lead Agency for a District proposal.
For proposals of the District for which the District is the Lead Agency, the Responsible Officer shall make the threshold determination and prepare an environmental impact statement (EIS), if required, at the earliest possible point in the planning and decision making process when the principal features of a proposal and its significant adverse environmental impacts can be reasonably identified. The Responsible Official shall retain all documents required by the SEPA Rules and make them available as authorized by the District’s policy on disclosure of public records.
6. Categorical Exemptions
Those activities excluded from the definition of “action” in WAC 197-11-704, or categorically exempt under WAC 197-11-305 and WAC 197-11-800, are exempt from the threshold determination, including the completion of an environmental checklist and EIS requirements. The applicability of exemptions shall be determined by the Responsible Official. The District adopts by reference the flexible thresholds for categorical exemptions which apply within the city or county in which a proposal is located.
7. EIS Preparation
The contents and preparation of an EIS shall be governed by the SEPA Rules. Preparation of an EIS shall be done by the Applicant of the Proposal, the Lead Agency or a consultant employed by the Lead Agency. The EIS is the EIS of the Lead Agency. The Responsible Official, prior to distributing an EIS, shall be satisfied that it complies with the rules contained in Policy 9240 and the SEPA Rules and applicable Washington statutes (RCW Chapter 43.21C).
8. Public Notice
When public notice is required by WAC 197-11-340, WAC 197-11-360, WAC 197-11-455, WAC 197-11-502, or WAC 197-11-620, the Responsible Official shall provide notice to the public by:
A. Posting the property, for site specific proposals; and
B. Publishing notice in a newspaper of general circulation in the location of the proposed action.
The notice shall describe in general the proposed action, including its location, the nature of the environmental document upon which comments may be received, and when comments are due.
9. No Administrative Appeal
Without limiting the right of any party to bring concerns to the Board of Directors of the District in accordance with Board procedures, the determination of the Responsible Official shall not be subject to any administrative appeal process or any appeal to the Board of Directors of the District. Any appeal brought under this Policy shall be limited to judicial review.
10. Notice of Action
The District may publish notice of action pursuant to RCW 43.21C.080 for any action to establish a time limit for judicial appeals.
The form of notice shall be substantially in the form provided by WAC 197-11-990. The notice shall be published by the District or Applicant pursuant to RCW 43.21C.080.
11. Severability
If any provision of these policies and procedures or their applications to any person or circumstance is held invalid, the remainder of these policies and procedures or their application to other persons or circumstances shall not be affected.
Previously Regulations & Procedure No. 9240P