WAC 400-12-545   Phase 4 -- Action plan review and approval.  (1) Departmental review. The watershed management committee and lead agency shall periodically consult with the department for technical assistance in the preparation of the draft plan to be submitted for the public and agency review in subsection (2) of this section. The watershed management committee and lead agency shall submit draft portions of the plan, as each phase is completed, to the department for review.

     (2) Public and agency review.

     (a) As soon as the watershed management committee completes the draft action plan, the lead agency shall:

     (i) Forward this draft action plan to the department for review;

     (ii) Forward this draft action plan to the planning and implementing entities identified in the action plan for review and to initiate the process for obtaining concurrence;

     (iii) Distribute this draft action plan to the public; and

     (iv) Initiate the SEPA review process.

     (b) Within thirty days after distribution of the draft action plan, the watershed management committee and implementing entities shall conduct a joint public hearing to take public testimony on the draft action plan.

     (c) Each planning and implementing entity shall evaluate those provisions of the draft action plan which require the entity's involvement.

     (d) The department, planning and implementing agencies, and the public shall provide comments to the lead agency within sixty days of the distribution of the draft action plan.

     (e) The lead agency shall collect the comments and present them to the watershed management committee.

     (f) The committee shall prepare final revisions to the action plan and a summary of responses to the comments and forward these, preferably within sixty days, to the lead agency and planning and implementing agencies for statements of concurrence.

     (3) Statements of concurrence.

     (a) Within sixty days of publication of the final proposed action plan, each implementing entity shall submit a statement of its concurrence to the watershed management committee, indicating its intent to adopt implementing policies, ordinances, and programs as required, or a statement of nonconcurrence with the final proposed action plan which recommends specific revisions to those sections requiring its involvement. The lead agency need only concur with those provisions of the final proposed action plan which require its involvement.

     (b) The committee shall attempt to resolve statements of nonconcurrence utilizing their dispute resolution process, prepare final revisions to the action plan, and approve it, preferably within sixty days.

     (4) Action plan submittal. The final revised action plan shall be forwarded to the lead agency for submittal to the department. If there are unresolved issues or if there are statements of nonconcurrence which could not be resolved by the watershed management committee, these shall be described and included with the final revised action plan for submittal to the department. The lead agency shall propose solutions to any remaining statements of nonconcurrence and submit them to the department as part of the final action plan.

     (5) Ecology approval process. Not more than thirty days from receipt of the final action plan, the department shall notify the lead agency, in writing, of its decision to approve or reject all or any portion of the final action plan. The lead agency shall promptly notify the watershed management committee of the decision of the department. Implementation of approved portions may proceed while approval of other portions is pending. To approve all or part of an action plan, the department must conclude that:

     (a) The action plan is consistent with the goals and requirements of the plan;

     (b) The action plan has been developed in accordance with the process described in this chapter;

     (c) The plan contains a summary of the water quality characterization, the problem definition, and a statement of goals and objectives;

     (d) The plan specifies a set of actions to be carried out by implementing entities to address the priority nonpoint pollution problems in the watershed and to meet the goals and objectives of the plan;

     (e) The plan includes statements of concurrence from entities responsible for implementing recommendations of the action plan; in making a determination, the department shall consider the impact of any statements of nonconcurrence submitted with the action plan;

     (f) The action plan includes a budget and implementation schedule;

     (g) Adequate public involvement and participation has occurred in development of the action plan and a process for adequate public involvement in implementation of the plan is provided for in the action plan; and

     (h) The plan complies with applicable state and federal laws.

     (6) Action team chair review. If the department disapproves all or part of the action plan and the lead agency cannot reach agreement with the department on approval within sixty days, either the lead agency, the watershed management committee, or the department may request review by the chair. The chair will review the decision for consistency with the plan and forward its determination to the department, lead agency, and watershed management committee.



[Statutory Authority: 1996 c 138. 96-23-057, § 400-12-545, filed 11/19/96, effective 12/20/96. Statutory Authority: Chapter 90.70 RCW. 91-22-096, § 400-12-545, filed 11/6/91, effective 12/7/91.]