A. Pursuant to WAC 197-11-408(2)(a), all comments on determinations of significance and scoping notices shall be in writing, except where a public meeting on EIS scoping occurs pursuant to WAC 197-11-410(1)(b).

B. Pursuant to WAC 197-11-420, 197-11-620, and 197-11-625, the department of planning and community development (“department”), under the direction of the responsible official, shall be responsible for preparation and content of EISs. The department may contract with the consultants as necessary for the preparation of environmental documents. The department may consider the opinion of the applicant regarding the qualifications of the consultant but the department shall retain sole authority for selecting persons or firms to author, co-author, provide special services or otherwise participate in the preparation of required environmental documents.

C. Consultants or subconsultants selected by the department to prepare environmental documents for a private development proposal shall not: act as agents for the applicant in preparation or acquisition of associated underlying permits; have a financial interest in the proposal for which the environmental document is being prepared; perform any work or provide any services for the applicant in connection with or related to the proposal.

D. All costs of preparing the environment document shall be borne by the applicant. The responsible official shall advise the applicant(s) of the projected costs for the environmental document prior to actual preparation. The city may require the applicant to post bond or otherwise ensure payment of these costs. The city may bill consultant costs and expenses directly to the applicant.

E. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the city’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution. The city council may establish a fee for city review of an EIS.

F. The city may require an applicant to provide information the city does not possess, including information that must be obtained by specific investigations. This provision is not intended to expand or limit an applicant’s other obligations under WAC 197-11-200, or other provisions of regulations, statute, or ordinance. An applicant shall not be required to produce information under this provision which is not specifically required by this chapter or that is being requested from another agency. This provision does not limit the information the city may request under another ordinance or statute.

G. In the event an applicant decides to suspend or abandon the project, the applicant must provide formal written notice to the department and consultant. The applicant shall continue to be responsible for all moneys expended by the department or consultants to the point of receipt of notification to suspend or abandon, or other obligations or penalties under the terms of any contract let for preparation of the environmental documents. The responsible official shall refund any fees collected that remain after incurred costs are paid.

H. The department shall only publish an environmental impact statement (EIS) when it believes that the EIS adequately discloses the significant direct, indirect, and cumulative adverse impacts of the proposal and its alternatives; mitigation measures proposed and committed to by the applicant, and their effectiveness in significantly mitigating impacts; mitigation measures that could be implemented or required; and unavoidable significant adverse impacts.

I. The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter: