Wash. Admin. Code § 173-226-160 - Public access to information
Current through Register Vol. 21-24, December 15, 2021
Statutory Authority: Chapter 90.48 RCW. 93-10-099 (Order 92-55), § 173-226-160, filed 5/5/93, effective 5/19/93.
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Public access to information.
(1) In accordance with chapter 42.17 RCW and its published policy describing disclosure of public records, the department shall make identifiable public records relating to all general permits available to the public for inspection and copying.
(2) The department shall designate a general permit coordinator for each general permit. The coordinator shall:
(a) Have knowledge of the general permit being prepared;
(b) Maintain the records associated with the development of the general permit including the general permit file required pursuant to subsection (3) of this section;
(c) Be identified as the department contact in public notices regarding the general permit.
(3) The department shall prepare a general permit development file for each issued general permit. The general permit development file shall be available for public inspection subject to the provisions of this section. The general permit development file shall contain:
(a) Copies of all public notices required pursuant to WAC 173-226-130;
(b) A copy of the fact sheet required pursuant to WAC 173-226-110 and any other documents not readily available to the public which were used in developing the terms and conditions of the general permit;
(c) Copies of the draft and final general permits, the economic impact analysis, and the application for coverage;
(d) All written comments received during the public comment period required pursuant to WAC 173-226-130(3), on the draft general permit, fact sheet, economic impact analysis, and application for coverage;
(e) The record of public hearings produced pursuant to WAC 173-226-150(4); and
(f) The response to comments prepared pursuant to WAC 173-226-170(1).
(4) Pursuant to chapter 42.17 RCW, the department shall provide, upon request, any information submitted as part of an application for coverage under a general permit.
(5) The department shall add the name of any person, upon request, to a mailing list to receive notices of department actions associated with a general permit.
(6) The department shall provide facilities for the inspection of information relating to general permits and shall insure that employees honor requests for such inspection promptly without undue requirements or restrictions. The department shall either:
(a) Insure that a machine or device for the copying of papers and documents is available for a reasonable fee; or
(b) Otherwise provide for, or coordinate with copying facilities or services such that requests for copies of nonconfidential, identifiable public records be honored promptly.
(7) Pursuant to chapters 42.17, 43.21A, 70.105, and 90.52 RCW, the department shall protect any information (other than information on the effluent) contained in applications as confidential upon a showing by any person that such information, if made public, would divulge methods or processes entitled to protection as trade secrets of such person.
(8) Any information accorded confidential status, whether or not contained in an application form, shall be disclosed, upon request, to the regional administrator.
[Statutory Authority: Chapter 90.48 RCW. WSR 93-10-099 (Order 92-55), § 173-226-160, filed 5/5/93, effective 5/19/93.]