106.1 The purpose of this section is to implement the requirements of RCW 42.56 Public Records.
106.21 The terms “agency”, “public record”, and “writing” shall have the same meaning as stated in RCW 42.17.020.
106.3 Public records available
106.31 All public records of the NWCAA are available for public inspection and copying at its office located at 1600 South Second Street, Mount Vernon, Washington 98273-5202 pursuant to these rules subject to subsections 106.32, 106.33, and 106.34 of this section.
106.32 Availability of public records is subject to exemptions and requirements of RCW 42.56.070.
106.33 When a public record includes information, the disclosure of which would lead to an unreasonable invasion of personal privacy, and the NWCAA becomes aware of this fact, the NWCAA shall delete such information before making the record available.
106.34 Within 5 days of receiving a public records request the NWCAA will respond by either:
(a) Providing the records requested
(b) Acknowledging the request and providing a reasonable estimate of time the agency needs to respond to the request, or
(c) Denying the public request.
Records Index. The NWCAA does not maintain an index of just the public records listed in RCW 42.56.070. The NWCAA’s Board of Directors are of the opinion that the establishment of such an index would be unduly burdensome and interfere with the NWCAA’s operation because a significant and integral portion of the NWCAA’s records are exempt from public inspection and copying pursuant to RCW 42.56.070. The release of such records would be an unreasonable invasion of personal privacy or the violation of the confidentiality of records and information provisions of the State Clean Air Act (RCW 70.94.205).
The NWCAA is in substantive compliance with RCW 42.56.070 by making available for public inspection and copying public records listed in RCW 42.56.070(7)(a)(b),(8) and (9). These include promulgated regulations of the NWCAA, final opinions made in adjudicated cases, minutes and resolutions of the Board of Directors, monthly activity reports, policy memorandums of the Control Officer, logs of Notice of Violations issued, upset, breakdown and startup reports, assessment of penalties, index of registered sources, annual emission inventory summaries and summaries of ambient air monitoring data, annual state and federal grant applications, including the annual program plan, certification to operate, inspection reports for air pollution sources, variance and notice of construction records with confidential records and information deleted in accordance with RCW 70.94.205.
The Control Officer or designee shall assist any person to obtain public records requested from the NWCAA’s record files.
106.5 Request for public records.
106.51 All requests for inspection or copying of public records shall be made on a form as follows:
106.52 REQUEST FOR PUBLIC RECORDS
Telephone No.: _________________________________________________
Description of Records: __________________________________________
I certify that lists of individuals obtained through this request for public records will not be used for commercial purposes.
FOR NWCAA USE:
Number of Copies: _________________
Number of Pages: _________________
Per Page Charge: $ _________________
Total Charge: $ ____________________
All requests made in person may be made at the NWCAA office during regular business hours, Monday through Friday, excluding legal holidays.
A request for inspection or copying of public records may be made by mail, email or fax – containing 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 Control Officer or designee needs to contact the person for further description of the material or any other reason.
(f) A signed statement certifying that the person making the request will not use, for commercial purposes, any information which identifies an individual or individuals.
All requests must be received by the NWCAA at least three business days before the requested date of inspection to allow the Control Officer or designee to make certain the requested records are available and not exempt and, if necessary, to contact the person requesting inspection.
Fees. No fee shall be charged for the inspection of public records. For printed, typed and written material a maximum size of 8 1/2″ by 14″, the NWCAA shall charge a reasonable fee, determined from time to time by the Control Officer, for providing copies of public records and for use of the NWCAA’s copy equipment, payable at the time copies are furnished. This charge is the amount necessary to reimburse the NWCAA for its actual costs incident to such copying. Copies of maps, photos, reports, and other nonstandard items shall be furnished at the regular price established by the NWCAA. When other special copy work for nonstandard items is requested, the fee charged will reflect the total cost, including the time of NWCAA personnel.
Statement of reason for denial of public records request. When the NWCAA refuses, in whole or part, a written request for inspection of any public record, it shall include a statement of the specific exemption authorizing the refusal and a brief explanation of how the exemption applies to the record withheld.
106.8 Review of denials of public records request.
Any person who objects to the refusal of a written request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement by the Control Officer or designee which constituted or accompanied the refusal.
Immediately after receiving a written request for review of a decision denying a public record, the Control Officer or designee denying the request shall refer it to the NWCAA Board of Directors. The Board shall promptly consider the matter and either affirm or reverse such refusal. The final decision shall be sent to the objecting persons.
Whenever the agency concludes that a public record is exempt from disclosure and denies a person opportunity to inspect or copy a public record for that reason, the person may request judicial review of the agency decision.
Protection of public records. In order to adequately protect the public records of the NWCAA, the following guidelines shall be adhered to by any person inspecting such public records:
106.91 No public records shall be removed from the NWCAA premises.
106.92 Inspection of any public record shall be conducted in the presence of a designated NWCAA employee.
106.93 No public records may be marked or defaced in any manner during inspection.
106.94 Public records, which are maintained in a file or jacket, or chronological order, may not be dismantled except for purposes of copying and then only by the Control Officer or designee.
106.95 Access to file cabinets, shelves, and other storage areas is restricted to NWCAA personnel, unless other arrangements are made with the Control Officer or designee.
PASSED: August 9, 1978
AMENDED: November 8, 2007