WAC 374-70-085

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 and approved prior to July 30, 2025, but administratively closed may be reopened using the following process:

(1) The reopened claim coverage is for the corrective action resulting from an accidental release from a heating oil tank at the time the claim was made. The reopened claim does not cover costs associated with a new release. Where a new release has commingled with the release associated with a claim, the insurance coverage will be provided for the percentage of the costs aligned with the claim release;

(2) The reopened 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 further work under the claim;

(3) The heating oil tank owner or operator must provide notice to PLIA that they wish to reopen a claim and then attend a claim review meeting with PLIA. PLIA recommends attending a claim review meeting before filing a notice of reopening claim. However, a meeting must occur before PLIA will issue a reopened claim determination. A claim may only be reopened by the heating oil tank owner or operator who filed the original claim;

(a) The reopened claim will only address contamination from the release reported in the claim. At PLIA's request the heating oil tank owner or operator must submit documentation to prove by clear, cogent, and convincing evidence the contamination is associated with the claim's release of heating oil as part of the notice of reopening claim. A laboratory reported opinion on chromatograms may be used to age date a diesel sample;

(b) Where a claim has been closed due to completion of a MTCA remedial action, the heating oil tank owner or operator must show to PLIA by clear, cogent, and convincing evidence that the reopened claim is necessary to meet MTCA standards and to be protective of human health and the environment;

(4) A reopened claim does not in any way increase the limits of the insurance policy. The reopened claim will be limited to eligible cost of up to $60,000 minus any costs already paid out under the claim;

(5) PLIA will review notice of a reopened claim, and upon approval, the heating oil tank owner will select a heating oil tank service provider and provide notice of the selection to PLIA. 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;

(a) 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;

(b) The following forms must be used by the heating oil service provider for work in the heating oil insurance program. The forms 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;

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

(d) 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);

(e) 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;

(f) 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;

(g) 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;

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

(6) 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;

(7) If a notice of reopened 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 again 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;

(8) Approval of claims and payment of covered costs are contingent upon the availability of state funding. 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 state funding;

(9) PLIA will maintain all records associated with a claim for a period of 10 years; and

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