WAC 374-70-080

The program provides coverage for a claim submitted for an accidental release from a registered heating oil tank until June 30, 2025, with a 30 day extended reporting period. Claims submitted after July 30, 2025, are not covered under this program.

(1) Coverage under the heating oil pollution liability insurance program shall be in excess of other valid insurance and warranties. Payment of a claim will be made only if the cleanup of contamination resulting from an accidental release is not covered by other valid insurance and warranties.

(2) Corrective action will be accomplished by the most cost-effective method available. To receive payment from the heating oil pollution liability insurance program for covered costs, the following actions are required:

(a) The claim must be for corrective action resulting from an accidental release from a heating oil tank which has been registered with PLIA prior to the accidental release and where the release occurred before June 30, 2025;

(b) The claim must be received by PLIA prior to July 30, 2025;

(c) The claim must satisfy all requirements and restrictions established by chapter 70A.330 RCW and this chapter. Any failure to satisfy all requirements and restrictions may be a basis for denial of claim;

(d) The heating oil tank operator may submit reports and forms on behalf of the heating oil tank owner; however, no corrective action will be initiated or performed without the specific written consent of the heating oil tank owner;

(e) The heating oil tank owner is responsible for investigation to determine the source of a suspected accidental release.

(3) For coverage under the program, upon discovery of an accidental release, the heating oil tank owner or operator of the registered tank must complete the following actions:

(a) The heating oil tank owner or operator must have filed a notice of potential claim with PLIA as soon as practicable after discovery that an accidental release may have occurred;

(b) Upon receipt of notice of a potential claim, PLIA will review the notice of potential claim. As part of the review, the heating oil tank owner or operator must provide PLIA with soil sampling results and documentation showing there is no other insurance coverage (e.g., homeowners' insurance). If the claim is determined by PLIA to be valid, PLIA will notify the heating oil tank owner or operator;

(c) Upon notification of a valid claim, the heating oil tank owner or operator will select a heating oil tank service provider, and inform PLIA of their selection. PLIA will inform the heating oil tank owner if the heating oil tank service provider is ineligible to work in the heating oil insurance program;

(d) The heating oil tank service provider must use the following forms which are accessed through the online community:

(i) Scope of work proposal. This form will provide the heating oil tank owner or operator and PLIA the site characterization and proposal of the extent and elements of corrective action to include analytical samples, as well as a specific cost proposal;

(ii) Work plan amendment. This form provides a proposal for change or deviation from the scope of work proposal;

(iii) Site characterization report. This form provides a record of all corrective action and work elements, as well as a record of detailed costs. The site characterization report must include color photographs of the project at commencement, completion, and any significant steps in between, as well as appropriate project sketches and/or plans; and

(iv) Closeout report. This will include a project closeout form, final cleanup report, and final invoice.

(e) The heating oil tank service provider will submit, via the online community documents, a scope of work proposal for corrective action at the heating oil tank site first to the heating oil tank owner or operator for approval and then to PLIA for approval;

(f) Upon receipt of approval by the heating oil tank owner and PLIA of the scope of work proposal, the heating oil tank service provider may commence work to accomplish corrective action(s);

(g) Corrective action activities and costs must be recorded by the heating oil tank service provider on the site characterization report form in the online community;

(h) Upon completion of all corrective action, the heating oil tank owner must sign the project closeout report or indicate approval via the online community, which states they are approving of and satisfied with all work performed by the heating oil tank service provider;

(i) Upon completion of corrective action and approval by the heating oil tank owner, the heating oil tank service provider must submit to PLIA a complete closeout report and final invoice;

(j) Upon completion of corrective action that satisfies the requirements of all applicable state and local statutes, the agency will document that the claim has been closed.

(4) All work performed by the heating oil tank service provider on behalf of the heating oil tank owner or operator and PLIA must be within the terms of the contract and the approved scope of work proposal and shall not exceed costs included in the scope of work proposal. Any change(s) or deviation(s) from the approved scope of work proposal must be accomplished through a work plan amendment request which must be approved in advance by the heating oil tank owner or operator and then PLIA. Any work performed by the heating oil tank service provider that has not been approved, prior to performance, by the heating oil tank owner or operator and/or PLIA or is beyond the terms of the scope of work proposal or work plan amendment(s), or is in excess of costs approved in the scope of work proposal or work plan amendment(s), will not be paid or reimbursed under the heating oil pollution liability insurance program. Such work or excess costs will be the responsibility of the heating oil tank service provider.

(5) If a notice of potential claim has been filed and approved by PLIA but no work commenced within six months, then PLIA may close the claim for inactivity, and the registered owner must request reopening of the claim from PLIA. If work at the property (e.g., invoices submitted, work plans submitted) stops for a consecutive six months, then PLIA may close the claim for inactivity, and the registered owner must again request reopening of the claim from PLIA.

(6) Approval of claims and payment of covered costs are contingent upon the availability of revenue. The director reserves the right to defer payment at any time that claim demands exceed the statutory limit provided in RCW 70A.330.040(1) and to develop a plan on resuming payments. Payment will commence with sufficient revenue.

(7) PLIA will maintain all records associated with a claim for a period of 10 years.

(8) In the case of an emergency, the director may authorize deviation from this procedure to the extent necessary to adequately respond to the emergency.