Current through Register Vol. 24-24, December 15, 2024
(1)
Application. To request
services under this program, an applicant must submit an application and agree
to the terms specified by the agency.
(2)
Eligibility.
(a) To be eligible to request services for a
site under the technical assistance program, the applicant must demonstrate the
following:
(i) A release from an eligible
petroleum storage tank system is suspected or confirmed at the site;
(ii) The release has been reported to the
department of ecology in accordance with WAC 173-340-310; and
(iii) The applicant is conducting or
otherwise interested in conducting independent remedial actions at the site.
(b) An applicant that
has received funding from the PLIA underground storage tank loan and grant
program; the heating oil pollution liability insurance program; or the
commercial underground storage tank reinsurance program is presumed eligible
for the technical assistance program unless the agency or the department of
ecology determines that the applicant does not have an eligible petroleum
storage tank system.
(3)
Services. The agency may provide the following advice and
technical assistance under the program:
(a)
Observe and/or interpret the results of site investigation including, but not
limited to, sampling and testing, or other appropriate assessments conducted by
the applicant;
(b) Provide
technical assistance on how to meet the substantive requirements of
MTCA;
(c) Review planned
independent remedial actions for a site or property and provide written
opinions on whether further remedial action is likely necessary to meet the
substantive requirements of MTCA;
(d) Review completed independent remedial
actions for a site or property and provide written opinions on whether further
remedial action is necessary to meet the substantive requirements of
MTCA;
(e) Work with the applicant
to monitor progress towards milestones and provide written opinions upon
request at each stage of cleanup; and
(f) Other appropriate activities approved by
the director.
(4) The
applicant may select an independent contractor to perform remedial actions at
the site. The independent contractor is not to be considered for any purpose an
employee or agent of PLIA. The applicant will enter into an agreement with the
contractor regarding scope or extent of work and fees for services.
(5)
Sampling and testing
protocols. The agency will provide requested advice and technical
assistance only if sampling and testing are performed in accordance with
agency-approved methodology.
(6)
Rescinding opinions. The agency may rescind any written opinion if
the agency received information that conditions at the site changed or the site
no longer meets the substantive requirements of MTCA.
(a) Where the issues are minor or
administrative in nature, the agency will provide the applicant with written
notice detailing the issues to be addressed. The applicant will have 60 days to
respond to the agency with how the issues are addressed. If the issues are not
addressed to PLIA's satisfaction, the agency may issue a letter rescinding the
written opinion. PLIA will notify the department of ecology if PLIA rescinds a
no further action opinion.
(b)
Where the issues are substantive in nature, the agency may issue a letter
rescinding the written opinion. PLIA will notify the department of ecology if
PLIA rescinds a no further action opinion.
Statutory Authority: Chapter 70.148 RCW. 03-06-015, §
374-80-040, filed 2/21/03,
effective 3/24/03. Statutory Authority: Chapter 70.149 RCW. 97-20-094, §
374-80-040, filed 9/29/97,
effective 10/30/97.
