+menu-


  • Category Archives ASAP Public Notice
  • It’s Who They Are That Concerns Me

    THEY ARE THE GOVERNMENT’S BUREAUCRATS THAT INSTILLED FEAR IN THEIR OWN CITIZENS.

    THE PROGRESSIVE BUREAUCRATS, in WA DC, in Clallam County, WA State, Dept. of Ecology (DOE) and their globalist entourage etal. Paid, environmentalists’ Facilitators, including the United Nations Agenda.

    When the fearful citizens came forward  on Jan 26, 2011

    I said something.

    “When American citizen fear what their own government  is going to do to them, that is unacceptable to me.”

    At this point in time, Oct 17, 2017 why bother with the FEAR the Clallam County SMP Update caused, and became a matter of public record on Jan 26, 2011?

    ——————————————————————

    UPDATE JUNE 19, 2017

    IT’S  WHO THEY ARE THAT CONCERNS ALL OF US

    I RECEIVED A PHONE CALL FROM A CONCERNED (FEARFUL) CLALLAM COUNTY CITIZEN LAST NIGHT….

    “PEARL, HAVE YOU READ THE NEW SMP UPDATE DRAFT?

    DO YOU KNOW HOW STEVE GREY AND (ESA CONSULTANT) MARGARET CLANCY HAVE CHANGED IT?

    DO YOU KNOW WHAT’S IN IT?”

    THE CONCERNED CITIZEN SAID,

    “PEARL, WHAT ARE YOU GOING TO DO ABOUT THIS?”

    SO I DID THIS ABOUT THAT

      Behind My Back | June 20, 2017 Clallam County SMP Update

    www.behindmyback.org/2017/06/20/6755

    My public comment Vested Clallam County Citizens have been fearful of how the SMP Update will affect their private property use since Jan 26, 2011. INDEED, THIS IS …

    ————————————————————————-

     WHAT HAVE I BEEN DOING ABOUT THAT? 2011-2017

    OVER 170 PUBLIC COMMENTS ON THE SMP UPDATE

    This is post # 1005 on my blog/website

      Behind My Back

    www.behindmyback.org

    Informing U.S. Citizens of how various government agencies are violating the Constitution, taking away private property rights, and infringing on American liberties …

    ——————————————————————–          

    THE PROGRESSIVE BUREAUCRATS REPUTATION PRECEDES THEM.

    ———————————————————————

    Progressive Economics: The Rise Of Bureaucracy In America – Forbes

    https://www.forbes.com/…/progressive-economics-two-americas-bureaucratic-arrogati…

    Oct 27, 2015 – Unelected bureaucrats promulgate more than ten times as many of the rules that Americans must obey as do our elected representatives.

    Regulation’s Stranglehold On Millennials’ Futures – Forbes

    https://www.forbes.com/sites/…/05/…/regulations-stranglehold-on-millennials-futures/

    May 25, 2015 – Americans are moving from obeying laws passed by elected bodies to REGULATIONS PROMULGATED BY UNELECTED BUREAUCRATS. These pages of …

    ————————————————————————–

    At this point in time, Oct 17, 2017  

    WHAT AM I GOING TO DO ABOUT THAT CLALLAM COUNTY SMP UPDATE.

    Make this post # 1005 on my blog/website

    And make another SMP Update Public Comment.

    AT THIS POINT IN TIME, Oct 17, 2017  

    WHY BOTHER WITH THAT CLALLAM COUNTY SMP UPDATE.

    BECAUSE I HAVE BEEN AN INTEREST PARTY SINCE JAN 26, 2011

    —– Original Message —–

    From: zSMP

    Sent: FRIDAY, OCTOBER 13, 2017 8:57 AM

    SUBJECT: PROPOSED CLALLAM COUNTY SHORELINE MASTER PROGRAM (SMP)

    INTERESTED PARTIES,

    You are receiving this notice because you are on the County’s Shoreline Master Program (SMP) Update email notification list. The County Planning Commission recommended to the Clallam County Board of Commissioners a Draft SMP (September 2017) to update and replace: (1) the existing 1976 SMP (last amended 1992); and (2) procedures for administration (e.g., permit process) of the SMP in Chapter 35.01, Shoreline Management, of the Clallam County Code (CCC).

    PUBLIC HEARING:  A public hearing on the recommended SMP before the Clallam County Board of Commissioners is scheduled for December 12, 2017 at 10:30 a.m., or as soon thereafter as possible in the Commissioners’ Meeting Room of the Clallam County Courthouse, 223 East 4th Street, Room 160, Port Angeles, Washington. All persons wishing to comment are welcome to either submit their written comments before the hearing is commenced or present written and/or oral comments in person during the public hearing. Written comments should be sent to the Clallam County Board of Commissioners, 223 East 4th Street, Suite 4, Port Angeles, WA 98362-3015, or emailed to:  SMP@co.clallam.wa.us

    REGIONAL PUBLIC FORUMS:  Prior to the public hearing, the County Dept. of Community Development will host 4 public forums to provide information on the SMP:

    Thursday, November 2, 2017 at 6:00 p.m.

    Sekiu Community Center, 42 Rice St., Sekiu WA

    Monday, November 6, 2017 at 6:00 p.m.

    Rainforest Arts Center, 35 N. Forks Ave., Forks WA

    Wednesday, November 8, 2017 at 6:00 p.m.

    Clallam County Courthouse, 223 E. 4th St., Port Angeles WA

    Tuesday, November 14, 2017 at 6:00 p.m.

    John Wayne Marina, 2577 W. Sequim Bay Rd., Sequim WA

    SUMMARY:  The SMP addresses compliance with the state Shoreline Management Act (SMA), RCW 90.58, and state SMP Update Guidelines (WAC 173-26).  It includes goals and policies, regulations for new development and uses, and administrative procedures (e.g., permit process).

    AREAS SUBJECT TO SMP:  The SMP applies to all marine waters, reaches of rivers and streams where the mean annual flow is more than 20 cubic feet per second, and lakes and reservoirs 20 acres or greater in size that are under the jurisdiction of Clallam County and to lands adjacent to these water bodies (together with lands underlying them) extending landward 200 feet in all directions from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and associated wetlands and river deltas.  To consolidate regulations, the proposed SMP also includes the full extent of the mapped 100-year floodplain and land necessary for buffers to protect critical areas as defined in RCW 36.70A that are overlapping or otherwise coincident with the shoreline jurisdiction as allowed pursuant to RCW 90.58.030(2)(d)(i,ii). The City of Forks is also considering the SMP for rivers inside the city limits. Maps showing the approximate lateral extent of the shoreline jurisdiction and proposed shoreline environmental designations are found in Exhibit A-Shoreline Maps of the proposed SMP.

    SMP DOCUMENTS AND INFORMATION: The Draft SMP—Planning Commission Recommendation (September 2017) is available for review at the Department of Community Development in the Clallam County Courthouse and on the County‘s SMP Update web page at:  http://www.clallam.net/LandUse/SMP.html

    The existing 1976 SMP (last amended 1992) and related administrative procedures in Chapter 35.01 CCC, Shoreline Management; supporting SMP Update documents including, but not limited to Shoreline Inventory and Characterization Reports, Shoreline Restoration Plan, Cumulative Impacts Analysis and No Net Loss Report, and Consistency Review Report; and other information are also available at the Department and on the County SMP Update website.  For questions, contact the Department at 360-417-2420.

    Steve Gray, Planning Manager

    Clallam County Department of Community Development

    ————————————————————-

    The bottom line…

    AT THIS POINT IN TIME, Oct 17, 2017  

    WHY BOTHER WITH THAT CLALLAM COUNTY SMP UPDATE.

    BECAUSE I HAVE BEEN AN INTEREST PARTY SINCE JAN 26, 2011

    AND, IT’S  WHO THEY ARE THAT CONCERNS ALL OF US

    To be continued….


  • WA State Ecology is Back to WAC Us

    Chapter 173-03 WAC, PUBLIC RECORDS

    Incorporates changes made by Emergency Rule- WAC 173-03-9000E

    Why it matters?

    SIMPLY PUT…..

    Behind My Back | “Ecology Sucks”

    www.behindmyback.org/2013/04/15/ecology-sucks/

    APR 15, 2013 – “Ecology Sucks” And, the rest of the story. The local news … citizenreviewonline.org/ecologys-qa-session-in-sequim-about-… Jan 17, 2013 …

     How much will PUBLIC RECORDS cost us?

    ——————————————————–

    Behind My Back | WA State DOE Emergency Fee Rule?

    www.behindmyback.org/2017/07/24/wa-state-doe-emergency-fee-rule/

    JUL 24, 2017 – July 20, 2016 Public Records Emergency Rule WAC 173-03-9000E CALCULATION OF ACTUAL COSTS OF PRODUCING COPIES OF PUBLIC RECORDS DECLARED …

    WA STATE DEPT. OF ECOLOGY finds that it is in the general welfare and the public interest, and benefits requesters and the agency, to adopt the emergency rule in order to preserve AND UPDATE FEES in accordance with the legislatively adopted schedule.

    WITHOUT FURTHER ACTION, THIS WOULD CREATE A PERIOD OF MONTHS DURING WHICH NO STATEMENT OR RULE WOULD BE AVAILABLE TO THE PUBLIC REGARDING PRA (PUBLIC RECORDS ACT) COSTS

    OR THE METHODS OF CALCULATING THEM, CREATING CONFUSION AND UNCERTAINTY REGARDING ECOLOGY’S FEE STRUCTURE AND ITS (WA STATE DEPT. OF ECOLOGY’S) ABILITY TO CHARGE FEES.

    ———————————————————————–

    EINSTEIN SAID, “IF YOU CAN’T PUT IT SIMPLY, YOU DON’T UNDERSTAND IT VERY WELL”

    JAN 17, 2013  “IT’S A MONEY DEAL,” I said, adding, “ECOLOGY SUCKS”,  (which prompted a flurry of applause)

    SIMPLY PUT:  THE WA STATE  DEPT OF ECOLOGY (DOE) CHANGES TO PUBLIC RECORDS IS  A MONEY DEAL.

    JAN 20, 2013 “ECOLOGY SUCKS” WAS MY  PUBLISHED OPINION AND ON SEPT 22, 2017  I’M STICKING WITH IT!

    —————————————————————

    This is the 994th posting on behindmyback.org since Jan 29, 2013

    This posting is over 3000 words.

    —————————————————————————–

    Complete unedited text

    —– Original Message —–

    From: Ballard, Laura (ECY)

    To: ECOLOGY-WAC-TRACK@LISTSERV.WA.GOV

    Sent: Thursday, September 21, 2017 6:52 AM

    Subject: The following rulemaking proposal was filed with the Office of the Code Reviser: Chapter 173-03 WAC, Public Records The following rulemaking proposal was filed with the Office of the Code Reviser: September 15, 2017

    Chapter 173-03 WAC, Public Records

    For more information:

    http://www.ecy.wa.gov/laws-rules/wac17303/1614ov.html

    ——————————————————————

    Chapter 173-03 WAC Public Records

    Incorporates changes made by Emergency Rule- WAC 173-03-9000E

    Overview

    Introduction

    The Department of Ecology is proposing amendments to Chapter 173-03 WAC Public Records. The purpose of this chapter is to implement the requirements of the Public Records Act including the process the agency uses for disclosing records.

    This update will modernize the rule to reflect current law, technology, and processes. On 7/20/17 we filed an emergency rule amendment to implement changes passed by the legislature during the 2017 legislative session.  This emergency rule will be in place until 11/17/2017.  The content of this emergency rule will be included in the permanent rulemaking we are conducting.

    Why it matters

    The rule has not been updated since 1998 and needs to reflect current law, technology, and processes. The rule also contains outdated information about Ecology programs and staff, which will be made current and will reflect changes made in the 2017 legislative session.

    Scope of rule development

    Ecology is proposing to amend Chapter 173-03 WAC. This update will modernize the rule to reflect current law, technology, and processes.

    Process of development

    Please refer to the Timeline and Public Involvement information to stay informed about the rulemaking.

    —————————————————————————

    To join or leave ECOLOGY-WAC-TRACK click here:

    http://listserv.wa.gov/cgi-bin/wa?A0=ECOLOGY-WAC-TRACK

    ——————————————————————-

    Chapter 173-03 WAC

    PUBLIC RECORDS

    Complete Chapter

    WAC Sections

    173-03-010

    What is the purpose of this chapter?

    173-03-020

    How are specific terms defined in this chapter?

    173-03-030

    How is the department of ecology organized?

    173-03-040

    How do I get access to the public records of the department of ecology?

    173-03-050

    What records are retained and how are they indexed?

    173-03-060

    How do I request a public record?

    173-03-070

    How much will it cost me to view a public record?

    173-03-080

    What happens when the department denies a public records request?

    173-03-090

    What do I do if I object to the department’s denial to review a public record?

    173-03-100

    How does the department protect public records?

     

    ————————————————————————————–

    No agency filings affecting this section since 2003?

    WAC 173-03-010

    What is the purpose of this chapter?

    The purpose of this chapter is to implement the requirements of RCW 42.17.250 – 42.17.340 relating to public records.

    [Statutory Authority: RCW 42.17.250. WSR 98-16-052 (Order 98-12), § 173-03-010, filed 7/31/98, effective 8/31/98. Statutory Authority: RCW 43.17.060 and 42.17.260. WSR 90-21-119 (Order 90-37), § 173-03-010, filed 10/23/90, effective 11/23/90. Statutory Authority: RCW 42.17.250 – 42.17.340. WSR 78-02-041 (Order DE 77-35), § 173-03-010, filed 1/17/78.]

    —————————————————————————

    No agency filings affecting this section since 2003

    WAC 173-03-020

    How are specific terms defined in this chapter?

    (1) The terms “person,” “public record,” and “writing” shall have the meanings as stated in RCW 42.17.020.

    (2) “Department” means the department of ecology.

    (3) “Director” means the director of the department.

    (4) “Public records officer” means the employee designated as such by the department.

    (5) “Designee” means the employee of the department designated by the director or the public records officer to serve as the public records coordinator at the headquarters offices or at each of the regional offices in the absence of the officer.

    [Statutory Authority: RCW 42.17.250. WSR 98-16-052 (Order 98-12), § 173-03-020, filed 7/31/98, effective 8/31/98. Statutory Authority: RCW 43.17.060 and 42.17.260. WSR 90-21-119 (Order 90-37), § 173-03-020, filed 10/23/90, effective 11/23/90. Statutory Authority: RCW 42.17.250 – 42.17.340. WSR 78-02-041 (Order DE 77-35), § 173-03-020, filed 1/17/78.]

    ———————————————————————————–

    No agency filings affecting this section since 2003

    WAC 173-03-030

    How is the department of ecology organized?

    (1) Headquarters office.

    (a) The headquarters office is located at 300 Desmond Drive, Lacey, Washington. The mailing address for the headquarters office is:

    Department of Ecology

    P.O. Box 47600

    Olympia, Washington 98504-7600

    The mailing address for the nuclear waste management program’s Hanford project is:

    Nuclear Waste Management

    1315 W. 4th Ave.

    Kennewick, WA 99336

    (b) The offices of the director, deputy director(s), program managers and other agency officials are located in the headquarters office.

    (c) The titles of the executive staff are as follows:

    Chief financial officer for financial services.

    Administrative services manager for administrative services.

    Director for intergovernmental relations.

    Director for employee services.

    Director for communications and education.

    Assistant administrator for spills prevention, preparedness and response.

    (2) The program offices located in the headquarters office are:

    (a) Air quality;

    (b) Water resources;

    (c) Water quality;

    (d) Toxics cleanup;

    (e) Nuclear waste;

    (f) Solid waste and financial assistance;

    (g) Hazardous waste and toxics reductions;

    (h) Environmental investigations and laboratory services; and

    (i) Shorelands and environmental assistance.

    (3) Regional offices and their geographical jurisdictions are as follows:

    (a) Northwest regional office (Whatcom, Skagit, Snohomish, San Juan, Island, King, and Kitsap counties):

    3190 – 160th Avenue S.E.

    Bellevue, WA 98008-5452

    (b) Southwest regional office (Pierce, Thurston, Mason, Clallam, Jefferson, Grays Harbor, Pacific, Lewis, Cowlitz, Wahkiakum, Clark, and Skamania counties):

    300 Desmond Drive

    Lacey, WA 98503

    Mailing address:

    P.O. Box 47775

    Olympia, Washington 98504-7775

    (c) Central regional office (Okanogan, Chelan, Douglas, Kittitas, Yakima, Benton, and Klickitat counties):

    15 West Yakima, Suite 200

    Yakima, WA 98902-3401

    (d) Eastern regional office (Ferry, Stevens, Pend Oreille, Grant, Lincoln, Spokane, Adams, Whitman, Franklin, Walla Walla, Columbia, Garfield, and Asotin counties):

    1. 4601 Monroe, Suite 100

    Spokane, Washington 99205-1295

    [Statutory Authority: RCW 42.17.250. WSR 98-16-052 (Order 98-12), § 173-03-030, filed 7/31/98, effective 8/31/98. Statutory Authority: RCW 42.17.250 – 42.17.340 and 1992 c 139. WSR 92-20-116 (Order 92-37), § 173-03-030, filed 10/7/92, effective 11/7/92. Statutory Authority: RCW 43.17.060 and 42.17.260. WSR 90-21-119 (Order 90-37), § 173-03-030, filed 10/23/90, effective 11/23/90. Statutory Authority: RCW 42.17.250 – 42.17.340. WSR 78-02-041 (Order DE 77-35), § 173-03-030, filed 1/17/78.]

    ———————————————————————–

    WAC 173-03-040

    How do I get access to the public records of the department of ecology?

    (1) All public records of the department are available for public inspection and copying under these rules subject to subsections (2), (3), (4), and (5) of this section.

    (2) Availability of public records is subject to the exemptions and prohibitions against disclosure contained in RCW 42.17.310, 42.17.130, 42.17.255, 42.17.260, and 90.52.020. In addition, individuals may request, and ecology may grant, confidentiality of documents from disclosure under RCW 43.21A.160 and 70.105.170.

    (3) When a public record includes information which, if disclosed, would lead to an unreasonable invasion of personal privacy, and the department becomes aware of this fact, the department shall delete such information before making the record available.

    (4) Public records requested may not be readily available for immediate inspection. If the requested records are not readily available, the department shall notify the requester when and where those records will be available.

    (5) Public records of the department are kept by the department or state archives until scheduled for destruction by the records retention schedule in accordance with chapter 40.14 RCW. Public records subject to a request for disclosure when scheduled for destruction shall be retained by the department and may not be erased or destroyed until the request is resolved.

    [Statutory Authority: RCW 42.17.250. WSR 98-16-052 (Order 98-12), § 173-03-040, filed 7/31/98, effective 8/31/98. Statutory Authority: RCW 42.17.250 – 42.17.340 and 1992 c 139. WSR 92-20-116 (Order 92-37), § 173-03-040, filed 10/7/92, effective 11/7/92. Statutory Authority: RCW 42.17.250 – 42.17.340. WSR 78-02-041 (Order DE 77-35), § 173-03-040, filed 1/17/78.]

    ——————————————————————

    WAC 173-03-050

    What records are retained and how are they indexed?

    The records retention schedule established by the division of state archives of the office of the secretary of state serves as an index for the identification and location of the following records:

    (1) All records issued before July 1, 1990, for which the department has maintained an index;

    (2) Final orders entered after June 30, 1990, that are issued in adjudicative proceedings as defined in RCW 34.05.010(1) and that contain an analysis or decision of substantial importance to the department in carrying out its duties;

    (3) Declaratory orders entered after June 30, 1990, that are issued pursuant to RCW 34.05.240 and that contain an analysis or decision of substantial importance to the department in carrying out its duties; and

    (4) Interpretive statements as defined in RCW 34.05.010(8) that were entered after June 30, 1990.

    The records retention schedule indexes records according to the originating program or section, and then the record series title. Each title is further identified by a statement of function or purpose, and the retention period. The records retention schedule is available to the public for inspection and copying. With the assistance of the public records officer or designee, any person can obtain access to public records of the department using the records retention schedule.

    A separate index of policy statements as defined in RCW 34.05.010(4) entered after June 30, 1990, shall be maintained by the department’s policy manual coordinator or designees.

    [Statutory Authority: RCW 42.17.250. WSR 98-16-052 (Order 98-12), § 173-03-050, filed 7/31/98, effective 8/31/98. Statutory Authority: RCW 43.17.060 and 42.17.260. WSR 90-21-119 (Order 90-37), § 173-03-050, filed 10/23/90, effective 11/23/90. Statutory Authority: RCW 42.17.250 – 42.17.340. WSR 78-02-041 (Order DE 77-35), § 173-03-050, filed 1/17/78.]

    ———————————————————————–

    No agency filings affecting this section since 2003

    WAC 173-03-060

    How do I request a public record?

    (1) All requests for inspection or copying made in person at a department office shall be made on a form substantially as follows:

    REQUEST FOR PUBLIC RECORDS

    Date of Request . . . .

    Time of Request . . . .

    Name . . . .

    Address . . . .

    . . . .

    Description of Records:

    . . . .

    . . . .

    . . . .

    I understand that if a list of individuals is provided me by the Department of Ecology, it will neither be used to promote the election of an official nor promote nor oppose a ballot proposition as prohibited by RCW 42.17.130 nor for commercial purposes nor give or provide access to material to others for commercial purposes as prohibited by RCW 42.17.260(9).

    I understand that I will be charged the amount necessary to reimburse the department’s cost for copying.

    . . . .

    Signature

    Number of pages to be copied

    . . . .

    Number of copies per page

    . . . .

    Charge per copy

    $

    . . . .

    Special copy work charge

    $

    . . . .

    Staff time charge

    $

    . . . .

    Total charge

    $

    . . . .

    (2) You may request records in person at a department of ecology office between the hours of 8:00 a.m. to 12:00 noon and 1:00 p.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.

    (3) If you make your request by mail, your request must contain the following information:

    (a) The name and address of the person making the request and the organization the person represents;

    (b) The time of day and calendar date on which the person wishes to inspect the public records;

    (c) A description of the public records requested;

    (d) A statement whether access to copying equipment is desired;

    (e) A phone number where the person can be reached in case the public records officer or designate needs to contact the person for further description of the material or any other reason.

    (f) A statement that the record will not be used for commercial purposes.

    (4) The department must receive all requests at least five business days before the requested date of inspection to allow the public records officer or designee to make certain the requested records are available and not exempt and, if necessary, to contact the person requesting inspection. The department will process all requests in a timely manner. However, large requests or requests for public records maintained offsite may require more than five business days to prepare. The department will respond to your request within five business days of receiving it, by either:

    (a) Providing the record;

    (b) Acknowledging that the department has received the request and providing a reasonable estimate of the time the department will require to respond to the request; or

    (c) Denying the public record request.

    Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. In acknowledging receipt of a public record request that is unclear, the department may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the agency need not respond to it.

    (5) The department may in its discretion fill requests made by telephone or facsimile copy (fax).

    [Statutory Authority: RCW 42.17.250. WSR 98-16-052 (Order 98-12), § 173-03-060, filed 7/31/98, effective 8/31/98. Statutory Authority: RCW 42.17.250 – 42.17.340 and 1992 c 139. WSR 92-20-116 (Order 92-37), § 173-03-060, filed 10/7/92, effective 11/7/92. Statutory Authority: RCW 43.17.060 and 42.17.260. WSR 90-21-119 (Order 90-37), § 173-03-060, filed 10/23/90, effective 11/23/90. Statutory Authority: RCW 42.17.250 – 42.17.340. WSR 78-02-041 (Order DE 77-35), § 173-03-060, filed 1/17/78.]

    ————————————————————————————–

    WAC 173-03-070

    How much will it cost me to view a public record?

    The department does not charge a fee for the inspection of public records. The department will charge an amount necessary to reimburse its costs for providing copies of records. This amount shall be reviewed from time to time by the department, and shall represent the costs of providing copies of public records and for use of the department’s copy equipment, including staff time spent copying records, preparing records for copying, and restoring files. This charge is the amount necessary to reimburse the department for its actual costs for copying and is payable at the time copies are furnished. The charge for special copy work of nonstandard public records shall reflect the total cost, including the staff time necessary to safeguard the integrity of these records.

    [Statutory Authority: RCW 42.17.250. WSR 98-16-052 (Order 98-12), § 173-03-070, filed 7/31/98, effective 8/31/98. Statutory Authority: RCW 42.17.250 – 42.17.340 and 1992 c 139. WSR 92-20-116 (Order 92-37), § 173-03-070, filed 10/7/92, effective 11/7/92. Statutory Authority: RCW 43.17.060 and 42.17.260. WSR 90-21-119 (Order 90-37), § 173-03-070, filed 10/23/90, effective 11/23/90. Statutory Authority: RCW 42.17.250 – 42.17.340. WSR 78-02-041 (Order DE 77-35), § 173-03-070, filed 1/17/78.]

    ———————————————————————————-

    WAC 173-03-080

    What happens when the department denies a public records request?

    When the department refuses, in whole or part, a request for inspection of any public record, it must include a statement of the specific exemption authorizing the refusal and a brief explanation of how the exemption applies to the record withheld.

    [Statutory Authority: RCW 42.17.250. WSR 98-16-052 (Order 98-12), § 173-03-080, filed 7/31/98, effective 8/31/98. Statutory Authority: RCW 42.17.250 – 42.17.340. WSR 78-02-041 (Order DE 77-35), § 173-03-080, filed 1/17/78.]

    ———————————————————————————-

    WAC 173-03-090

    What do I do if I object to the department’s denial to review a public record?

    (1) Any person who objects to the refusal of a request for a public record may petition for prompt review of that decision by submitting a written request for review. The written request shall specifically refer to the written statement by the public records officer or designee which constituted or accompanied the refusal.

    (2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer or other staff member denying the request shall refer it to the director or the director’s delegate. The director or delegate shall immediately consider the matter and either affirm or reverse the refusal. The final decision shall be sent to the objecting person within two business days following receipt of the petition for review.

    [Statutory Authority: RCW 42.17.250. WSR 98-16-052 (Order 98-12), § 173-03-090, filed 7/31/98, effective 8/31/98. Statutory Authority: RCW 42.17.250 – 42.17.340. WSR 78-02-041 (Order DE 77-35), § 173-03-090, filed 1/17/78.]

    ————————————————————————

    WAC 173-03-100

    How does the department protect public records?

    In order to adequately protect the public records of the department, you must comply with the following guidelines while inspecting public records:

    (1) You may not remove any public record from the department’s premises.

    (2) You must have a designated department employee present while you are inspecting a public record.

    (3) You may not mark or deface a public record in any manner during inspection.

    (4) You may not dismantle public records which are maintained in a file or jacket, or in chronological or other filing order, or those records which, if lost or destroyed, would constitute excessive interference with the department’s essential functions.

    (5) Access to file cabinets, shelves, vaults, or other storage areas is restricted to department personnel, unless other arrangements are made with the public records officer or designee.

    [Statutory Authority: RCW 42.17.250. WSR 98-16-052 (Order 98-12), § 173-03-100, filed 7/31/98, effective 8/31/98. Statutory Authority: RCW 42.17.250 – 42.17.340 and 1992 c 139. WSR 92-20-116 (Order 92-37), § 173-03-100, filed 10/7/92, effective 11/7/92. Statutory Authority: RCW 43.17.060 and 42.17.260. WSR 90-21-119 (Order 90-37), § 173-03-100, filed 10/23/90, effective 11/23/90. Statutory Authority: RCW 42.17.250 – 42.17.340. WSR 78-02-041 (Order DE 77-35), § 173-03-100, filed 1/17/78.]

    ———————————————————————-

    The bottom line…..

    THE WA STATE  DEPT OF ECOLOGY (DOE) CHANGES TO PUBLIC RECORDS IS  A MONEY DEAL.

    JAN 20, 2013 “ECOLOGY SUCKS” WAS MY  PUBLISHED OPINION AND ON SEPT 22, 2017  I’M STICKING WITH IT!


  • Due Process for Distracted Drivers Law?

    Gov. Jay Inslee (D) DUE PROCESS BY PUBLIC NOTICE?

     WA State Distracted Drivers Law ADOPTED 04/19/2017 

     VETOED by Gov. Jay Inslee (D)  MAY 16, 2017

    Gov. Jay Inslee (D) accelerated the law’s effective date to July 23, 2017

    Vagueness is generally considered to be a DUE PROCESS issue, because a law that is too vague to understand does not provide adequate notice to people that a certain behavior is required or is unacceptable.

    The “void for vagueness” doctrine argues that a law cannot be enforced if it is so vague or confusing that the average person could not figure out what is being prohibited or what the penalties are for breaking that law.

    ————————————————————————

    It doesn’t take too much effort to imagine a distracted driver suing the state over a disputed ticket for failure of DUE PROCESS ON PUBLIC NOTICE et al.

    —————————————————————-

    A law can be unconstitutionally vague in one of two main ways.

    First, the law may be void for vagueness if it does not adequately explain or state what behavior the law is meant to affect.  If the average citizen cannot figure out from reading the law what he should or should not do, a court may find that the law violates due process. 

    Second, a law may be void for vagueness if it does not adequately explain the procedures that law enforcement officers or courts must follow when enforcing the law or handling cases that deal with certain legal issues. 

    Specifically, a law may be found to be unconstitutionally vague if it gives a judge no idea how to approach or handle a case based on that law.

    —————————————————–

    ADOPTED 04/19/2017  WA State Distracted Drivers Law

    MAY 16, 2017 Gov. Jay Inslee (D)  vetoed a compromise by the Legislature that would have postponed enforcement of the Driving Under the Influence of Electronics (DUIE) Act until 2019.

    Gov. Jay Inslee (D)  surprised even the supporters of a distracted-driving law Tuesday when he accelerated the new crackdown, IN A LETTER TO THE SENATE DATED MAY 16, 2017.

    Gov. Jay Inslee (D) vetoed the section that gave drivers until 2019 to acclimate to the changes and instead declared Sunday, July 23, 2017 as the law’s effective date.

    The final version passed Wednesday pushed the proposed start date from Jan. 1, 2018, to Jan. 1, 2019, because several members wanted extra time for the public to adjust, according to prime sponsor Rep. Jessyn Farrell, D-Seattle.

    Farrell justified the wait on Wednesday, saying colleagues in both parties sought more TIME FOR A SUSTAINED EDUCATION campaign, for the public to adapt, and for motorists to obtain built-in communication systems. The State Patrol is currently understaffed but is striving to boost recruitment, with help from proposed raises this legislative session.

    Understaffed was confirmed yesterday by Kyle at  WSP media center, yesterday.

    ——————————————–

    Gov. Jay Inslee (D)  His abysmal record on TIME FOR A SUSTAINED EDUCATION speaks for it’s self

    ———————————————————————

    Gov. Jay Inslee (D) IS PERSONALLY RESPONSIBLE FOR SIGNING THE VETO. period

    It doesn’t take too much effort to imagine a distracted driver suing WA State over a disputed ticket  for failure of DUE PROCESS ON PUBLIC NOTICE et al. 

     But why would Gov. Jay Inslee (D) worry about a WA State lawsuit?

    After all  Gov. Jay Inslee (D) has  his nationally spotlighted Washington State Attorney General Bob Ferguson (D) to defend his VETO.

    After all , A law can be unconstitutionally vague in one of two main ways.

    And after all, Vagueness is generally considered to be a DUE PROCESS issue.

    AND, PUBLIC NOTICE IS A DUE PROCESS ISSUE


  • Public Notice of Net Pens NWS-2016-100

    Public Notice of Net Pens in the Strait of Juan De Fuca

    The  PDF document  NWS-2016-100  is a Public Notice for a proposed project where a
    permit is being requested from the U.S. Army Corps of Engineers, Seattle District.

    Acquisition Icicle Acquisition Subsidiary, LLC. -has proposed to
    decommission and remove their existing net pens structures in Port Angeles
    Harbor, Port Angeles, Washington, and install new net pen facility for
    rearing of Atlantic Salomon in Strait of Juan De Fuca near Port Angeles,
    Clallam County, Washington.

    To provide any project specific comments in writing or by e-mail, please
    visit the link below and follow the instructions outlined in the “How to
    Submit Comments” section.
    Http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PublicNotices.aspx

    COMMENT MUST BE RECEIVED BY MAY 28, 2016

    ———————————————————-

    I wanted to give concerned local people the NWS-2016-100  information ASAP, so they can make public comment. (so I emailed the public notice)

    Just saying, Word gets around in emails..

    But….

    The bottom line is…

    Word gets around BETTER in cyberspace.

    Pearl Rains Hewett

    ————————————————————

    Scroll down…

    Listed below are the current Public Notices published by the Seattle District for proposed projects within the state of Washington. The Public Notices are sorted by Effective Date and are provided in PDF format. You must have Adobe Acrobat Reader installed on your PC to view these files. You may download Adobe free from http://www.adobe.com/.

    Viewing Public Notices. To view a Public Notice, left-click on the Permit Application Number (highlighted in blue). To download the file to your PC, right-click on the Permit Application Number, then select “Save Target As” from the menu.

    How to Submit Comments. To submit comments via E-mail, left-click on the respective Project Manager’s name in the table below. To submit comments in writing, send them to the respective Project Manager at the U.S. Army Corps of Engineers, Seattle District Regulatory Branch, P.O. Box 3755, Seattle, WA 98124-3755. All comments should include the permit application number and project name, your name, address, and phone number.

    How to be Added to the Public Notice Mailing List. Please submit your email address to the Regulatory Branch: Attention: Shannon Wilson

    Email Address Changes. If you change your email address, you will need to contact Shannon Wilson. Please provide your old address and your new address. Emails returned due to a change of address will be deleted from our electronic mailing list system.

    Issued Date Expiration Date Applicant Project Description Permit Application No. County Project Manager
    2-May-2016 17-May-2016 Sunset Marina, LLC Erratum for proposed marina NWS-2007-2030  Chelan Knaub
    29-Apr-2016 29-May-2016 Whatcom County Public Works Place fill, replace and install outfalls, and construct trail NWS-2016-124  Whatcom Perry
    28-Apr-2016 28-May-2016 Icicle Acquisition Subsidiary LLC Decommission and removal of existing net pen structures NWS-2016-100  Clallam Sanguinetti
    22-Apr-2016 22-May-2016 Yakima Nation Fisheries Dredging NWS-2015-158  Skamania Martin
    21-Apr-2016 21-May-2016 Pierce County Public Works Construct pier, drive piles, and install ramp and float NWS-2007-1878  Pierce White

     For more Regulatory Program information, please visit http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory.aspx

    To view the attached document, you will need to use the Adobe Acrobat
    Reader.  For a free copy of the Acrobat Reader please visit:
    http://www.adobe.com/products/acrobat/readstep2.html

    To provide any project specific comments in writing or by e-mail, please
    visit the link below and follow the instructions outlined in the “How to
    Submit Comments” section.
    Http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PublicNotices.aspx

    ——————————————————————-

    I received a paper copy of this Public Notice for NWS-2016-0100-; via US
    Mail,

    I called Pamela Sanguinetti at her contact number (206) 764-6904 and
    requested an email copy of the “Open Public Comment Period Notice” listed as
    “Regulatory Public Notices”

    COMMENT MUST BE RECEIVED BY MAY 28, 2016 (but may be extended? per Ms Pamela  Sanguinetti)

    Acquisition Icicle Acquisition Subsidiary, LLC. -has proposed to
    decommission and remove their existing net pens structures in Port Angeles
    Harbor, Port Angeles, Washington, and install new net pen facility for
    rearing of Atlantic Salomon in Strait of Juan De Fuca near Port Angeles,
    Clallam County, Washington.
    ———————————————————–

    Just saying….

    NEAR? Port Angeles, Clallam County, Washington
    I received a paper copy of this Public Notice for NWS-2016-0100-; via US
    Mail, addressed to George C. Rains Sr., at my address.(Dad died over 8 years
    ago?).

    Pamela Sanguinetti was very nice and thanked me for taking the time to call
    her and  request this email notice of public comment (and the PDF
    documentation) for our community.

    She asked if I wanted to make a public comment??

    I have not opened the file… YET…

    I wanted to give concerned local people the information ASAP, so they can
    make public comment. (so I emailed the public notice)

    Just saying, Word gets around with emails..

    But, word gets around BETTER in cyberspace.

    Pearl Rains Hewett
    ——————————————————————-

    —– Original Message —–
    From: “Sanguinetti, Pamela NWS” <Pamela.Sanguinetti@usace.army.mil>
    To: <phew@wavecable.com>
    Sent: Monday, May 02, 2016 12:51 PM
    Subject: FW: Public Notice for NWS-2016-0100-; Icicle Acquisition Icicle
    Acquisition Subsidiary, LLC. -Request for comments

    PLEASE DO NOT REPLY TO THIS EMAIL
    For comments or questions regarding this Public Notice, please contact the
    project manager listed below.

    CONTACT INFORMATION:
    PROJECT NUMBER:  NWS-2016-0100-, Clallam County, Icicle Acquisition
    Icicle Acquisition Subsidiary, LLC.
    PROJECT MANAGER: Pam Sanguinetti
    TELEPHONE: 2067646904
    E-MAIL: Pamela.Sanguinetti@usace.army.mil

    The  PDF  NWS-2016-100 document is a Public Notice for a proposed project where a permit is being requested from the U.S. Army Corps of Engineers, Seattle District.

    To view the attached document, you will need to use the Adobe Acrobat
    Reader.  For a free copy of the Acrobat Reader please visit:
    http://www.adobe.com/products/acrobat/readstep2.html

    To provide any project specific comments in writing or by e-mail, please
    visit the link below and follow the instructions outlined in the “How to
    Submit Comments” section.
    Http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PublicNotices.aspx

    For more Regulatory Program information, please visit
    http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory.aspx

    The bottom line is…

    Word gets around BETTER in cyberspace.