Wash. Admin. Code § 365-196-735 - State and regional authorities
(1) When developing and amending
comprehensive plans and development regulations under the act, counties and
cities should consider existing state and regional regulatory and planning
provisions affecting land use, resource management, environmental protection,
utilities, or public facilities including:
(a) State statutes and regulations imposing
statewide standards;
(b) Programs
involving state-issued permits or certifications;
(c) State statutes and regulations regarding
rates, services, facilities and practices of utilities, and tariffs of
utilities in effect pursuant to such statutes and regulations;
(d) State and regional plans;
(e) Regulations and permits issued by
regional entities;
(f) Locally
developed plans subject to review or approval by state or regional
entities.
(2) Examples
of statutes and regulations imposing statewide standards are:
(a) Water quality standards and sediment
standards, adopted by the department of ecology under the state Water Pollution
Control Act;
(b) Drinking water
standards adopted by the department of health pursuant to the Federal Safe
Drinking Water Act;
(c) Minimum
functional standards for solid waste handling, adopted by the department of
ecology under the state Solid Waste Management Act;
(d) Minimum cleanup standards under the Model
Toxics Control Act adopted by the department of ecology;
(e) Statutory requirements under the
Shoreline Management Act and implementing guidelines and regulations adopted by
the department of ecology;
(f)
Standards for forest practices, adopted by the forest practices board under the
state Forest Practices Act;
(g)
Minimum requirements for flood plain management, adopted by the department of
ecology under the Flood Plain Management Act;
(h) Minimum performance standards for
construction pursuant to the state or International Building Code;
(i) Safety codes, such as the electrical
construction code, adopted by the department of labor and industries;
(j) Archaeological investigation and
reporting standards adopted by the department of archaeology and historic
preservation under the Archaeological Sites and Resources Act and the Indian
Graves and Records Act;
(k)
Statutory requirements and procedures under the Planning Enabling
Act.
(3) Examples of
programs involving state issued permits or certifications are:
(a) Permits relating to forest practices,
issued by the department of natural resources;
(b) Permits relating to surface mining
reclamation, issued by the department of natural resources;
(c) National pollutant discharge elimination
permits and waste discharge permits, issued by the department of
ecology;
(d) Water rights permits,
issued by department of ecology under state surface and groundwater
codes;
(e) Hydraulic project
approvals, issued by departments of fisheries and wildlife under the state
fisheries code;
(f) Water quality
certifications, issued by the department of ecology;
(g) Operating permits for public water supply
systems, issued by the state health department;
(h) Site certifications developed by the
energy facility site evaluation council;
(i) Permits relating to the generation,
transportation, storage or disposal of dangerous wastes, issued by the
department of ecology;
(j) Permits
for disturbing or impacting archaeological sites and for the discovery of human
remains, issued by the department of archaeology and historic
preservation.
(4)
Examples of state and regional plans are:
(a)
State implementation plan for ambient air quality standards under the Federal
Clean Air Act;
(b) Statewide
multimodal transportation plan and the Washington transportation plan adopted
under chapter 47.01
RCW;
(c) Instream resource
protection regulations for water resource inventory areas adopted under the
Water Resources Act of 1971;
(d)
Groundwater management area programs, adopted pursuant to the groundwater
code;
(e) Plan or action agendas
adopted by the Puget Sound partnership;
(f) State outdoor recreation and open space
plan;
(g) State trails
plan;
(h) Regional transportation
planning organization plans and plans that meet the requirements for
multicounty planning policies under
RCW
36.70A.210(7).
(5) Examples of regulations and
permits issued by regional entities are:
(a)
Solid waste disposal facility permits issued by health departments under the
Solid Waste Management Act;
(b)
Regulations adopted by regional air pollution control authorities;
(c) Operating permits for air contaminant
sources issued by regional air pollution control authorities.
(6) Examples of locally developed
plans subject to review or approval by state or regional agencies are:
(a) Shoreline master programs, approved by
the department of ecology;
(b) The
consistency requirement for lands adjacent to shorelines of the state set forth
in RCW
90.58.340;
(c) Coordinated water system plans for
critical water supply service areas, approved by the department of
health;
(d) Plans for individual
public water systems, approved by the department of health;
(e) Comprehensive sewage drainage basin
plans, approved by the department of ecology;
(f) Local moderate risk waste plans, approved
by the department of ecology;
(g)
Integrated resource plans required to be filed with the utilities and
transportation commission in accordance with WAC
480-100-238;
(h) Reclaimed water plans, approved by the
department of ecology and/or department of health.
Notes
Statutory Authority: RCW 36.70A.050 and 36.70A.190. 10-03-085, § 365-196-735, filed 1/19/10, effective 2/19/10.
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