Washington Administrative Code Title 371 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board)
Overview of WAC Title 371 – Environmental and Land Use Hearings Office (Pollution Control Hearings Board)
WAC Title 371 governs the Environmental and Land Use Hearings Office (ELUHO), which includes the Pollution Control Hearings Board (PCHB) in Washington State. This office is an independent adjudicative body that hears and decides contested cases concerning environmental and land use regulations. It operates as an administrative court specializing in disputes related to pollution control, environmental permits, land use, and other related regulatory matters.
Key Functions of WAC Title 371
Jurisdiction and Authority
The ELUHO has jurisdiction over appeals and enforcement actions related to decisions made by state and local agencies on environmental and land use permits and regulations.
Procedures for Contested Cases
This title lays out the procedural framework for filing appeals, conducting hearings, submitting evidence, and rendering decisions in contested cases before the PCHB.
Filing and Notice Requirements
Rules on how and when appeals must be filed, who must be notified, and what records must be submitted to the Board.
Conduct of Hearings
Guidelines for how hearings are conducted, including discovery, prehearing conferences, evidence presentation, and witness testimony.
Decision-Making Process
Standards for the Board’s rulings, including findings of fact, conclusions of law, and the issuance of final orders.
Enforcement and Compliance
The Board’s role in ensuring compliance with its decisions and the authority to impose penalties or remedial actions.
Important Sections and Concepts
1. Jurisdiction
The ELUHO’s jurisdiction under WAC Title 371 generally includes appeals from actions of:
Department of Ecology (DOE) related to water, air, and waste permits.
Local governments’ land use decisions.
Other state agencies involved in environmental regulation.
For example, a person or entity aggrieved by a water discharge permit issued by DOE may appeal to the PCHB under rules set forth in WAC 371.
2. Filing Appeals
Appeals must be filed within statutory time limits (often 30 days after a decision).
The appellant must specify the grounds for appeal and the relief sought.
Fees and procedural requirements for appeals are described.
3. Hearings
Hearings are quasi-judicial and resemble court proceedings but are generally less formal. The Board:
Conducts prehearing conferences to clarify issues.
Allows parties to present evidence and witnesses.
Follows rules of evidence adapted for administrative hearings.
4. Decisions
The Board issues written decisions with findings of fact and conclusions of law. These decisions can affirm, reverse, or modify agency actions. They are binding unless overturned by a court on appeal.
Relevant Case Law Involving WAC Title 371 / PCHB
Case 1: City of Tacoma v. Pollution Control Hearings Board, 124 Wn.2d 653 (1994)
Issue: The city challenged a PCHB decision regarding compliance with environmental regulations.
Holding: The Washington Supreme Court upheld the PCHB's authority under WAC Title 371 to interpret and enforce environmental regulations and affirmed the quasi-judicial nature of its proceedings.
Significance: This case confirms the PCHB’s jurisdiction and role as an independent adjudicator.
Case 2: Olympic Environmental Council v. Pollution Control Hearings Board, 114 Wn. App. 109 (2002)
Issue: Whether the Board properly applied the standard of review when hearing an appeal about an air quality permit.
Holding: The appellate court ruled that the Board must base its decisions on substantial evidence in the record and must defer to agency expertise unless clear errors exist.
Significance: Reinforces the evidentiary and procedural standards in WAC Title 371 for Board decisions.
Case 3: Friends of the Earth v. Department of Ecology, 121 Wn.2d 479 (1993)
Issue: Whether the Board correctly handled an appeal concerning water pollution permits.
Holding: The court emphasized the importance of public participation in hearings and strict compliance with procedural requirements outlined in WAC Title 371.
Significance: Highlights the procedural protections built into the hearings process.
Summary of WAC Title 371
Purpose: Provides the procedural and jurisdictional framework for the Environmental and Land Use Hearings Office, primarily the Pollution Control Hearings Board.
Scope: Focused on environmental and land use disputes involving state and local agency decisions.
Process: Allows affected parties to appeal agency decisions in an administrative quasi-judicial setting.
Authority: The Board issues binding decisions after hearing evidence and legal arguments.
Judicial Oversight: Courts review Board decisions under standards requiring substantial evidence and legal correctness.
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