Washington · statute · Wash. Rev. Code ch. 70A.545 · 16 active provisions
The purpose of this chapter is to create a state financial assurance program that adequately protects public health and safety and the environment from impacts due to petroleum underground storage tank system releases and meets the federal requirements for financial assurance so that a petroleum release will be appropr…
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Agency" means the pollution liability insurance agency.(2) "Annual aggregate" means the maximum amount of money the program will pay for all of an owner's or operator's eligible costs associated with a petro…
(1) The agency must establish and administer a state financial assurance program for owners and operators of petroleum underground storage tanks that meets the financial responsibility requirements established under chapter 70A.355 RCW.(2) To participate in the program, an owner or operator must register a petroleum un…
The agency must by rule establish a fee to recover from owners and operators of registered petroleum underground storage tanks the cost of administering the program. The fee may be collected on an annual basis and may not exceed $25,000 per petroleum underground storage tank per year.
(1) The agency may require an owner or operator to return any cost overpayment made by the agency under this chapter. If the cost overpayment is not returned upon request by the agency:(a) The agency may file a lien on the petroleum underground storage tank facility or other property owned by the owner or operator unde…
(1) The agency may conduct remedial actions to investigate or clean up a release from a petroleum underground storage tank registered under the state financial assurance program if the following conditions are met:(a) The owner or operator has received, or is eligible to receive, funding for remedial actions under the…
(1) The agency may conduct remedial actions to investigate or clean up a release from a petroleum underground storage tank, even if the petroleum underground storage tank is not registered under the state financial assurance program, if the following conditions are met:(a) The release occurs in an area of risk for drin…
(1) The agency may file a lien against the petroleum underground storage tank facility where the petroleum underground storage tank is located or property owned by the owner or operator of the petroleum underground storage tank if the agency incurs remedial action costs under RCW 70A.545.060 or demands repayment of cos…
(1) The following moneys must be deposited into the pollution liability insurance program trust account created in RCW 70A.325.020:(a) All moneys appropriated by the legislature to pay for the agency's operating costs to carry out the purposes of this chapter;(b) All fees or contributions collected from owners or opera…
(1) The agency must monitor the performance of the state financial assurance program and, after the end of each biennium, publish a financial report on the program showing administrative and other expenses paid from the program.(2) For each calendar quarter, the agency must determine the loss and surplus reserves requi…
(1) The agency must adopt rules under chapter 34.05 RCW as necessary to carry out the provisions of this chapter. To accelerate remedial actions, the agency may implement the program through interpretative guidance pending adoption of rules.(2) The department of ecology must adopt rules under chapter 34.05 RCW to enabl…
(1) A person may request a review by the director of the following agency decisions by submitting a written request, specifying the basis for the review, in accordance with procedures established by the agency:(a) A denial of program eligibility;(b) A denial of eligibility for payment under the program;(c) Amount of pa…
(1) Nothing in this chapter establishes or creates any liability or responsibility on the part of the agency or the state as administrators of the program to pay any costs for remedial actions or third-party claims from any source other than the pollution liability insurance program trust account.(2) The agency and the…
Officers, employees, and authorized representatives of the agency and the state of Washington are immune from civil liability and no cause of action of any nature may arise from any act or omission in exercising powers and duties under this chapter.
(1) Nothing in this chapter limits the authority of the department of ecology under chapter 70A.305 RCW.(2) Nothing in this chapter affects or modifies the obligations or liability of any person under any other state or federal law.(3) The agency is authorized to recover the costs of remedial actions conducted by the a…
This chapter expires July 1, 2030.