Current through Register Vol. 24-24, December 15, 2024
(1) The effective date of coverage under the
heating oil pollution liability insurance program is January 1, 1996.
Corrective action for an accidental release occurring prior to this effective
date will not be covered under the program.
(2) The heating oil pollution liability
insurance program provides coverage for corrective action costs up to $60,000
per occurrence, per site, per year, exclusive of other valid insurance or
warranties.
(3)
Corrective
action costs covered under the heating oil pollution liability insurance
program include:
(a) Corrective action
if the accidental release occurs after the registration of a heating oil
tank;
(b) Actions necessary to
determine the extent and severity of an accidental release;
(c) Costs, not to exceed $60,000 per
occurrence, per site, per year;
(d)
Costs in excess of other valid insurance or warranties;
(e) Third-party property damage restoration,
including landscaping, limited to $1,500 for each third-party claimant per
occurrence, per site, per year;
(f)
Excavation, treatment and/or removal and proper disposal of any soil or water
contaminated by the accidental release and proper disposal of nonrepairable
heating oil tank or tanks;
(g)
Required soil and water sampling and testing to determine if corrective action
standards have been met; and
(h)
Reimbursement of new tank replacement costs in accordance with RCW
70A.330.100.
(4)
Corrective action costs not covered under the heating oil pollution
liability insurance program include:
(a) Corrective action if the accidental
release occurred prior to the registration of a heating oil tank;
(b) Costs covered by other valid insurance or
warranties;
(c) Costs in excess of
$60,000 per occurrence, per site, per year, exclusive of other valid insurance
or warranties;
(d) Cleanup of
contamination from other sources;
(e) Removal, repair or replacement of the
heating oil tank, lines, or furnace, except reimbursement of new tank
replacement costs in accordance with RCW 70A.330.100;
(f) Emergency heat restoration
procedures;
(g) Cleanup of a site
beyond the MTCA cleanup levels;
(h)
Corrective action associated with an abandoned or decommissioned heating oil
tank or site;
(i) Corrective
action to address releases or damage to the heating oil tank or its system or
surrounding property caused by a service provider or contractor;
(j) Corrective action performed by a service
provider whose principal is also the named property owner of the registered
heating oil tank;
(k) Costs
associated with landscaping and surface restoration in excess of previous
conditions for the property of the named insured;
(l) Costs associated with property
restoration that are not deemed essential to personal safety or are in excess
of previous conditions at the site;
(m) Third-party property damage restoration,
including landscaping, in excess of $1,500 for each third-party claimant per
occurrence, per site, per year; and
(n) Defense costs, including the costs of legal representation,
expert fees, and related costs and expenses incurred in defending against
claims or actions brought by or on behalf of:
(i) The United States, the state of
Washington, or a political subdivision of the United States or state of
Washington to require corrective action or to recover costs of corrective
action; or
(ii) A third party for
bodily injury or property damage caused by an accidental release.
(5) If a claim exceeds
$60,000 in total damages, coverage within the $60,000 policy limit shall be on
a pro rata basis between the insured heating oil tank owner and third-party
claimant(s).
(6) A claim will be
accepted for coverage only after the named insured provides PLIA with
documentation which confirms the existence of an accidental release which is
eligible for coverage under these rules. PLIA reserves the right to perform an
investigation including, but not limited to, soil sample testing, to confirm a
release.
Statutory Authority:
RCW
70.149.040. 08-20-013, §
374-70-060, filed 9/18/08,
effective 1/1/09. Statutory Authority: Chapter 70.149 RCW. 97-06-080, §
374-70-060, filed 3/3/97,
effective 4/3/97; 96-01-101, §
374-70-060, filed 12/19/95,
effective 1/19/96.
