Spokane Municipal Code

Title 17E Environmental Standards

Chapter 17E.050 SEPA

Article IV. Environmental Impact Statement (EIS)

Section 17E.050.130 Preparation of EIS – Additional Consideration

1. Preparation of the draft and final EIS (DEIS and FEIS) and a draft and final supplemental EIS (SEIS) is the responsibility of the lead agency under the direction of the responsible official. No matter who participates in the preparation of the EIS, it is the EIS of the City of Spokane. The responsible official shall be satisfied that the EIS complies with the provisions of this chapter and chapter 197-11 WAC before issuing the EIS.

2. The DEIS and FEIS or draft and final SEIS shall be prepared by the City of Spokane staff, the applicant or its agent, or by an outside consultant retained by either an applicant or the lead agency.

1. 1. For public projects, the responsible official shall determine when an outside consultant should prepare the EIS based on available staff, expertise, resources and public interest to adequately assess and evaluate the impacts of the projects.

1. 2. For projects initiated by a private applicant, the preparation of an EIS shall be under the direction of the responsible official. The responsible official shall notify the applicant of the procedures for an EIS preparation, including approval of the DEIS, FEIS and SEIS prior to distribution. All costs of preparing the EIS shall be borne by the applicant.

3. If a person other than the lead agency is preparing the EIS, the responsible official shall:

1. 1. assure that the EIS is prepared in a responsible manner and with appropriate methodology;

1. 2. be responsible for scoping and preparation of a scoping report pursuant to WAC 197-11-408 (the responsible official may include consultants in the scoping process);

1. 3. coordinate any areas of research and examination to be undertaken, as well as the organization of the resulting document;

1. 4. meet with the persons preparing the EIS and review draft sections of the EIS to assure the completeness, accuracy, and objectivity of the EIS;

1. 5. allow any person preparing an EIS access to all relevant public records of the lead agency, pursuant to chapter 42.17 RCW (Public Disclosure and Public Records Law);

1. 6. assist in obtaining any information on file with another agency that is needed by the person preparing the EIS.

4. The lead agency may require an applicant to provide information the lead agency does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this ordinance or that is being requested from another agency. (This does not apply to information the lead agency may request under another ordinance or statute.)

5. Any person, firm, or corporation assisting in the preparation of an EIS for private projects shall have expertise and experience in preparing environmental impact statements and shall be approved in writing by the responsible official before participating in the EIS process. The lead agency may create and maintain an EIS list of qualified consultants to assist in determining the expertise and experience of consultants using, but not limited to, the following procedures.

1. 1. Annually or biannually placing a legal notice in the city’s official newspaper requesting statement of qualifications (SOQ). Interested consultants will be required to submit an application package for consideration to be placed on the list.

1. 2. The City of Spokane will review the SOQs and place those consultant firms who are determined to meet the minimum qualifications on the list. Those qualifications include, but are not limited to:

1. 1. 1. possessing a thorough and comprehensive knowledge of the procedural and substantive requirements of SEPA and related regulations;

1. 1. 2. possessing adequate technical and administrative capacity to produce EIS documents and/or associated technical documents.

6. The private applicant shall compensate the lead agency for its administrative costs incurred with the development, production and processing of the EIS, in accordance with SMC 17E.050.270.

Date Passed: Monday, February 21, 2005

Effective Date: Wednesday, March 30, 2005

ORD C33583 Section 3