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A. The city adopts by reference the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, as supplemented in this chapter:

197-11-050

Lead agency.

197-11-920

Agencies with environmental expertise.

197-11-922

Lead agency rules.

197-11-924

Determining the lead agency.

197-11-926

Lead agency for governmental proposals.

197-11-928

Lead agency for public and private proposals.

197-11-930

Lead agency for private projects with one agency with jurisdiction.

197-11-932

Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.

197-11-934

Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.

197-11-936

Lead agency for private projects requiring licenses from more than one state agency.

197-11-938

Lead agencies for specific proposals.

197-11-940

Transfer of lead agency status to a state agency.

197-11-942

Agreements on lead agency status.

197-11-944

Agreements on division of lead agency status.

197-11-946

DOE resolution of lead agency disputes.

197-11-948

Assumption of lead agency status.

B. When the city receives an application initiating a nonexempt action, the responsible official shall determine the lead agency for that proposal under WAC 197-11-050, 197-11-253, and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the responsible official is aware that another department or agency is in the process of determining the lead agency.

C. When the city is the lead agency for a proposal, the responsible official shall supervise compliance with the threshold determination requirements and, if an EIS is necessary, shall supervise preparation of the EIS.

D. When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No city department shall 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 city may conduct supplemental environmental review under WAC 197-11-600.

E. If the city or any of its departments 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 city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the fifteen-day time period.

F. Departments of the city are 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 and any department that will incur responsibilities as the result of such agreement approve the agreement.

G. The responsible official when 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.

H. When the city is lead agency for an 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 city shall decide jointly with Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency. (Ord. 005/2019 § 10 (Exh. B))