Washington Administrative Code Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board)
Washington Administrative Code – Title 371: Environmental and Land Use Hearings Office (Pollution Control Hearings Board)
Overview:
Title 371 of the Washington Administrative Code (WAC) governs procedures and rules for the Pollution Control Hearings Board (PCHB), which is part of the Environmental and Land Use Hearings Office (ELUHO). The PCHB is responsible for hearing appeals related to environmental permits, orders, and decisions made by state environmental agencies.
Key Elements of WAC Title 371:
1. Scope and Authority
Establishes the authority of the Pollution Control Hearings Board under RCW 43.21B.
Specifies the board’s jurisdiction over decisions made by the Department of Ecology and other environmental agencies.
Covers a broad range of environmental issues including water quality, air quality, waste management, and shoreline permits.
2. Appeals Process
Outlines how individuals, organizations, or local governments can file appeals against agency actions.
Includes detailed procedures for:
Filing notices of appeal (time limits, format, service)
Serving documents on other parties
Amending appeals
Describes procedures for prehearing conferences, motions, and hearings.
3. Hearings and Procedures
Hearings are conducted in a formal manner, similar to court trials but with relaxed evidentiary rules.
Procedures include:
Use of administrative law judges or board members
Rules for presenting evidence, witnesses, and expert testimony
Discovery and subpoenas
Filing briefs and proposed findings
4. Final Decisions and Reconsideration
Decisions by the PCHB can:
Affirm, modify, or reverse the agency's decision.
Be appealed to the Washington Superior Court.
Rules for motions for reconsideration are provided, including timelines and scope.
5. Special Provisions
Certain chapters address expedited hearings or simplified processes for specific types of cases.
Procedural rules allow for mediation or settlement discussions.
Accommodations for remote hearings and accessibility compliance are also addressed.
Common Types of Appeals to PCHB:
Water discharge permits under the Clean Water Act
Air emission permits or orders
Shoreline management decisions
Waste disposal site permitting
Hazardous waste cleanup plans
Wetland or stream buffer disputes
Relevant Statutes:
RCW 43.21B – Pollution Control Hearings Board
RCW 90.48 – Water Pollution Control
RCW 90.03 – Water Rights
RCW 70A.15 – Washington Clean Air Act
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