Current through Register Vol. 24-24, December 15, 2024
(1) Release from
the petroleum underground storage tank after enrollment.
(a) The program will provide financial
assurance funds of up to $2,000,000, per tank, for remedial action costs to
address a release that occurs after enrollment from a petroleum underground
storage tank system, and any other petroleum releases which may be occurring
simultaneously at the facility at which the petroleum underground storage tank
is located.
A third-party claim will be distributed from these funds. PLIA
will determine the timing of any eligible third-party claim payment.
(b) If there is a dispute with the
agency determination on timing of the release, the owner or operator must show
by clear, cogent, and convincing evidence that a release occurred prior to
enrollment.
(c) Failure to provide
the agency with a property access agreement from the property owner where the
petroleum underground storage tank is located will result in denial of
financial assurance funds.
(2) Release from a petroleum underground
storage tank prior to enrollment.
(a) The
program will provide funds of up to $1,000,000 for remedial action costs to
address all releases from a petroleum underground storage tank system that
occurred prior to enrollment.
(b)
If there is a dispute with the agency determination on timing of the release,
the owner or operator must show by clear, cogent, and convincing evidence that
a release occurred post enrollment.
(c) Financial assurance funds provided under
this subsection will be subject to cost recovery.
(3) Financial assurance coverage shall not
exceed $3,000,000 per state fiscal year for multiple occurrences involving a
single petroleum underground storage tank.
(4) Priority coverage.
(a) Per RCW 70A.545.020(7), funding for
remedial action is prioritized over third-party costs. The agency must reserve
the estimated costs of necessary remedial actions, and then payment may be made
on eligible third-party costs.
(b)
Per RCW 70A.545.020(6), the agency may prioritize program funding for
investigations and remedial actions deemed necessary to address:
(i) An emergency which threatens human health
or the environment; or
(ii) A
population threatened by the release that includes an overburdened community,
as defined in RCW 70A.02.010(11), or a vulnerable population, as defined in RCW
70A.02.010(14).
(c) The
director may prioritize funding at their discretion using factors specified in
guidance.
(5) Once a no
further action letter is issued by the agency's technical assistance program
for the release from the enrolled petroleum underground storage tank, the
financial assurance coverage is complete, and funding will no longer be
available.
