30.61.040 Lead agency.
(1) Lead agency responsibilities. The lead agency shall be the only agency responsible for complying with the threshold determination procedures, the supervision or actual preparation and circulation of draft and final environmental impact statements (EISs), and the conduct of any public hearings required by the SEPA rules.
(2) Lead agency determination.
(a) Any department receiving or initiating a nonexempt proposal, shall determine the lead agency for that proposal pursuant to the criteria set forth under WAC 197-11-050 and WAC 197-11-922 through WAC 197-11-940, unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency. To make the lead agency (and lead department) determination, such acting department must determine to the best of its ability the other agencies (and departments) with jurisdiction over the proposal. This can be done by requesting information from a private applicant and through consultation with the department.
(i) if the acting department determines that the county is the lead agency, it shall additionally determine the lead department for the proposal in accordance with SCC 30.61.045. If the lead department is not the acting department, the acting department shall transmit to the lead department the application it received together with the completed environmental checklist and its lead agency and lead department determination and explanation therefore. If not disputed pursuant to SCC 30.61.045(2), the lead department shall immediately mail a copy of the lead agency determination and explanation thereof to all other agencies with jurisdiction. The lead department shall then proceed to the threshold determination procedures in WAC 197-11-300 through WAC 197-11-390. If another agency with jurisdiction objects to the lead agency determination, and the dispute cannot be resolved by agreement, such agency may within 15 days of receipt of the determination, petition the department of ecology for a lead agency determination pursuant to WAC 197-11-946.
(ii) if the acting department determines that another agency is the lead agency, it shall mail to the lead agency a copy of the application it received, together with the completed environmental checklist and its determination of lead agency and explanations therefore. If the agency receiving this determination does not agree that it is the lead agency, and the dispute cannot be resolved by agreement, the department of ecology shall be petitioned for a lead agency determination pursuant to WAC 197-11-946.
(b) Upon receipt by the county of a lead agency determination for a proposal from another agency, the determination shall immediately be transmitted to the lead department for such proposal if the county was determined to be the lead agency or to departments with jurisdiction over the proposal if another agency was determined to be the lead agency. In the event that such determination is inconsistent with the criteria of WAC 197-11-922 through 197-11-940, the county or lead department may object thereto. Any such objection must be made and resolved within 15 days of receipt of the determination, or the county must petition the department of ecology for a lead agency determination pursuant to WAC 197-11-946 within the 15-day time period. Any such petition shall be initiated by the county executive. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).