This is an ordinance that amends section 1.20 in the Snohomish County Board of Health Code (SCBHC), which covers the right of appeals. There are two key changes: amending what Health Department actions are considered appealable and adding language for appealing determinations issued under the State Environmental Policy Act (SEPA).
Amending what actions are appealable
Ordinance 24-04 amended section 1.20.020 – Applicability – What may be appealed to state that:
“Any aggrieved person may appeal an administrative decision, determination, or order made by the Health Officer or a Health Department official in the administration, interpretation, or enforcement of the Health Code subject to the appeal procedures in this chapter.” However, it has since been determined that intermediate enforcement actions were not intended to be appealable actions. In order to streamline the appeals process, Ordinance BOH25-04 clarifies that “final” decisions, determinations, and orders are appealable. Intermediate letters would not be considered appealable as a result of this change.
Appealing determinations issued under SEPA
SEPA is a state law that requires local governments to review environmental impacts that may result from a governmental action, such as issuing permits or adopting regulations. For Health Department activities, these reviews are most common in the issuance of solid waste permits for facilities, although this is a somewhat rare occurrence.
There is a defined process in the state law for appealing SEPA-related determinations, but the Health Department appeals procedure is not in compliance with this process. However, Chapter 30.61 of the Snohomish County Code has established processes for environmental reviews under SEPA and the requirements of this chapter apply to all actions of Snohomish County and its departments.
Therefore, Ordinance BOH25-04 adds an exception to the current SCBHC appeals procedure for determinations issued under SEPA. When the Health Department is acting as the lead agency under SEPA, the appeals provisions in chapter 30.61 of the Snohomish County Code would apply instead of the standard SCBHC appeals process.