reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-60 - Underground storage tank community assistance program › Section 374-60-030 - Appeals

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant may
			 appeal any of the following listed decisions under the UST community assistance
			 program to the director:
(a) Agency's denial
			 of a grant application;
(b) The
			 amount of the grant contribution allowed by the agency;
(c) Denial by the agency of a request for
			 payment of certain costs related to the grant;
(d) Agency's refusal to sign a subordination
			 agreement;
(e) Agency's refusal to
			 allow an assignment of the grant agreement and deed of trust;
(f) Agency's determination of the amount of
			 the reimbursement due in the case of a forfeiture and/or a buy out agreement;
			 and
(g) Agency's decision to
			 terminate or suspend the grant agreement.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-60 - Underground storage tank community assistance program › Section 374-60-040 - Communications

Current through Register Vol. 24-14, July 15, 2024
All communications with the pollution liability insurance
				agency shall be addressed to:
Director
Pollution Liability Insurance Agency 1015 10th Avenue SE
P.O. BOX 40930
Olympia WA 98504-0930
Statutory Authority: Chapter 70.148 RCW. 91-24-048, §
										374-60-040, filed 11/27/91,
				  effective 12/28/91.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-60 - Underground storage tank community assistance program › Section 374-60-050 - Documents - When filed

Current through Register Vol. 24-14, July 15, 2024
No applications for assistance, pleadings, or other documents
				submitted under the underground storage tank community assistance program shall
				be considered filed with, or served on, the pollution liability insurance
				agency until it is received at the offices of said agency at 1015 10th Avenue
				SE, P.O. BOX 40930, Olympia WA 98504-0930.
Statutory Authority: Chapter 70.148 RCW. 91-24-048, §
										374-60-050, filed 11/27/91,
				  effective 12/28/91.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-60 - Underground storage tank community assistance program › Section 374-60-060 - Applications

Current through Register Vol. 24-14, July 15, 2024
(1) Applications for
			 assistance under the underground storage tank community assistance program
			 shall be made on forms furnished by the agency in accordance with their
			 instructions. All applications shall be legible, contain all the information
			 required and shall be accompanied by all required documents and exhibits.
(a) Applications which are illegible,
			 incomplete, or which fail to include all necessary information, documents or
			 exhibits, or which are otherwise not in compliance with these rules, may be
			 rejected by the agency.
(b) The
			 agency may ignore defects in applications which are immaterial or
			 insubstantial.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-60 - Underground storage tank community assistance program › Section 374-60-070 - Eligibility - Private owners and operators

Current through Register Vol. 24-14, July 15, 2024
Private owners and operators, or a combination thereof, of an
				UST site may be eligible for an underground storage tank community assistance
				program grant if they meet the following requirements:
(1) Own or operate an UST(s) located in the
			 state of Washington which is regulated by the U.S. Environmental Protection
			 Agency and the department of ecology and for which proof of financial
			 responsibility is currently or will be required;
(2) Own or operate a business that sells or
			 has sold petroleum products to the motoring public in a remote rural
			 area;
(3) Demonstrate that the
			 UST(s) is registered with the department of ecology;
(4) Demonstrate that the replacement or
			 upgrading of the UST(s) and cleanup of the site would, without financial
			 assistance, create serious financial hardship;
(5) Demonstrate that continued operation of
			 the UST(s) meets a vital local government, public health, recreation, or safety
			 need, as evidenced by a local government entity's certification; and
(6) Sites with contamination must file a
			 claim with any valid pollution liability insurance policy.
Statutory Authority:
				  RCW
				  70.148.130. 05-19-080, §
										374-60-070, filed 9/20/05,
				  effective 10/21/05. Statutory Authority: Chapter 70.148 RCW. 93-04-041 (Order
				  93-01), §
										374-60-070, filed 1/27/93,
				  effective 2/27/93; 91-24-048, §
										374-60-070, filed 11/27/91,
				  effective 12/28/91.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-60 - Underground storage tank community assistance program › Section 374-60-080 - Eligibility - Local government entities

Current through Register Vol. 24-14, July 15, 2024
A local government may be eligible for an underground storage
				tank community assistance program grant if it meets the following
				requirements:
(1) Be the owner or
			 operator of an UST(s) located in the state of Washington which is regulated by
			 the U.S. Environmental Protection Agency and the department of ecology and for
			 which proof of financial responsibility is currently or will be
			 required;
(2) Demonstrate that the
			 UST(s) is registered with the department of ecology;
(3) Demonstrate that the replacement or
			 upgrading of the UST(s) and cleanup of the site would, without financial
			 assistance, create serious financial hardship;
(4) Demonstrate that continued operation of
			 the UST(s) meets a vital local government, public health, education,
			 recreation, or safety need.
Statutory Authority:
				  RCW
				  70.148.130. 05-19-080, §
										374-60-080, filed 9/20/05,
				  effective 10/21/05. Statutory Authority: Chapter 70.148 RCW. 91-24-048, §
										374-60-080, filed 11/27/91,
				  effective 12/28/91.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-60 - Underground storage tank community assistance program › Section 374-60-090 - Eligibility - Rural hospitals

Current through Register Vol. 24-14, July 15, 2024
A rural hospital may be eligible for an underground storage
				tank community assistance program grant if it meets the following
				requirements:
(1) Be the owner or
			 operator of an UST(s) located in the state of Washington which is regulated by
			 the U.S. Environmental Protection Agency and the department of ecology and for
			 which proof of financial responsibility is currently or will be
			 required;
(2) Demonstrate that the
			 UST(s) is registered with the department of ecology;
(3) Demonstrate that the replacement or
			 upgrading of the UST(s) and cleanup of the site would, without financial
			 assistance, create serious financial hardship;
(4) Demonstrate that continued operation of
			 the UST(s) meets a vital local government, public health or safety need as
			 evidenced by a local governmental entity's certification.
Statutory Authority:
				  RCW
				  70.148.130. 05-19-080, §
										374-60-090, filed 9/20/05,
				  effective 10/21/05. Statutory Authority: Chapter 70.148 RCW. 91-24-048, §
										374-60-090, filed 11/27/91,
				  effective 12/28/91.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-60 - Underground storage tank community assistance program › Section 374-60-100 - Evaluation

Current through Register Vol. 24-14, July 15, 2024
(1) Evaluation of
			 applications for the UST community assistance program will be based on an
			 assessment of eligibility, based on the requirements included in chapter 70.148
			 RCW.
(2) Applications of private
			 owners and operators will be judged on three criteria. Evaluations will be
			 based on:
(a) The financial condition of both
			 the business and its owner(s) and operator(s) to determine if serious financial
			 hardship exists;
(b) The vital
			 local government, public health, education, recreation, or safety need(s)
			 provided by the business; and
(c)
			 Location and type of business.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-60 - Underground storage tank community assistance program › Section 374-60-110 - Funding

Current through Register Vol. 24-14, July 15, 2024
(1) Funds for the UST
			 community assistance program shall be made available from the pollution
			 liability insurance program trust account in accordance with the provision of
			 chapter 70.148 RCW.
(2) Grants
			 shall be limited to no more than two hundred thousand dollars ($200,000.00) in
			 value for any one UST site of which amount no more than seventy-five thousand
			 dollars ($75,000.00) in value may be provided for cleanup of existing
			 contamination caused by petroleum from the tank(s).
(3) Grants shall be limited to only that
			 amount necessary to supplement the applicant's financial resources.
(4) No grant may be used for any purpose
			 other than for replacement or upgrading of UST(s), or for cleanup of
			 contamination caused by petroleum from the tank(s). The director may, however,
			 provide financial assistance for the establishment of a new local government
			 UST site if it is the result of consolidation of multiple operational UST sites
			 into as few sites as possible. In such case, the grant shall be only for the
			 amount of construction of the new UST site. The removal of the old UST(s) and
			 any cleanup associated with the removal shall be the responsibility of the
			 local government.
Statutory Authority:
				  RCW
				  70.148.130. 05-19-080, §
										374-60-110, filed 9/20/05,
				  effective 10/21/05. Statutory Authority: Chapter 70.148 RCW. 91-24-048, §
										374-60-110, filed 11/27/91,
				  effective 12/28/91.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-60 - Underground storage tank community assistance program › Section 374-60-120 - Grant management

Current through Register Vol. 24-14, July 15, 2024
(1) Successful
			 applicants will be notified by letter of the award of a grant. Entitlement to a
			 grant is finalized only after a contract has been finalized between the agency
			 and the grant recipient, and a contract has been finalized between the grant
			 recipient and the contractor.
(a) Contracts
			 may be entered only after all program eligibility requirements have been met,
			 funds are available and the application and evaluation process has been
			 completed to the satisfaction of the agency.
(b) Each contract becomes effective only with
			 the signing of both required contracts. The day of the signing establishes the
			 beginning date of the project. No costs incurred prior to that date are
			 eligible for payment under the grant unless specific provision is made in the
			 grant contract for such costs.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-70 - Heating oil pollution liability insurance program › Section 374-70-010 - Purpose and authority

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose
			 of this chapter is to address a solution to the threat posed to human health
			 and the environment by accidental releases of heating oil from heating oil
			 tanks. It is in the best interest of all citizens for heating oil tanks to be
			 operated safely, and for accidental releases or spills to be dealt with
			 expeditiously in order to ensure that the environment, particularly
			 groundwater, and human health are protected. It is also in the best interest of
			 individual heating oil tank owners to protect them from the unexpected
			 liability and potential financial hardship associated with an accidental
			 release from a heating oil tank.
(2) The pollution liability insurance agency
			 is directed by chapter 70A.330 RCW to establish the heating oil pollution
			 liability insurance program to assist owners and operators of heating oil
			 tanks.
Statutory Authority:
				  RCW
				   70.149.040. 08-20-013, §
										374-70-010, filed 9/18/08,
				  effective 1/1/09. Statutory Authority: Chapter 70.149 RCW. 96-01-101, §
										374-70-010, filed 12/19/95,
				  effective 1/19/96.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-70 - Heating oil pollution liability insurance program › Section 374-70-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the context requires otherwise, the definitions in this
				section shall apply throughout this chapter.
(1) "Abandoned heating oil tank" means a
			 heating oil tank that has been left unused and that is no longer connected to
			 an oil-fired furnace used for space heating of human living or working space on
			 the premises where the tank is located.
(2) "Accidental release" means a sudden or
			 nonsudden release of heating oil from a heating oil tank or its system that
			 results in bodily injury, property damage, or a need for corrective action,
			 neither expected nor intended by the owner or operator.
(3) "Agency" means the Washington state
			 pollution liability insurance agency established pursuant to chapter 70A.325
			 RCW and is referred to as PLIA throughout this chapter. For purposes of chapter
			 70A.330 RCW, agency or PLIA shall also mean staff or employees of the pollution
			 liability insurance agency.
(4)
			 "Bodily injury" means bodily injury, sickness, or disease sustained by a
			 person, including death at any time, resulting from the injury, sickness, or
			 disease.
(5) "Claim" means a demand
			 made by a named insured, or the insured's representative, for payment of the
			 benefits provided under the heating oil pollution liability insurance
			 program.
(6)
(a) "Corrective action" means those actions
			 reasonably required to be undertaken by the insured to remove, treat,
			 neutralize, contain, or clean up an accidental release in order to comply with
			 a statute, ordinance, rule, regulation, directive, order, or similar legal
			 requirement, in effect at the time of an accidental release, of the United
			 States, the state of Washington, or a political subdivision of the United
			 States or the state of Washington. "Corrective action" includes, where agreed
			 to in writing, in advance by the insurer, action to remove, treat, neutralize,
			 contain, or clean up an accidental release to avert, reduce, or eliminate the
			 liability of the insured for corrective action, bodily injury, or property
			 damage. "Corrective action" also includes actions reasonably necessary to
			 monitor, assess, and evaluate an accidental release.
(b) "Corrective action" does not include:
(i) Removal, replacement or repair of heating
			 oil tanks or other receptacles, except reimbursement of new tank replacement
			 costs in accordance with RCW   70A.330.100;
(ii) Replacement or repair of piping,
			 connections, and valves of tanks or other receptacles; or
(iii) Costs directly associated with tank
			 removal.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-70 - Heating oil pollution liability insurance program › Section 374-70-030 - Responsibility

Current through Register Vol. 24-14, July 15, 2024
(1) The director of the pollution liability
			 insurance agency is directed by chapter 70A.330 RCW to establish the heating
			 oil pollution liability insurance program to assist owners and operators of
			 heating oil tanks. The agency implements and administers the pollution
			 liability insurance program established by chapter 70A.325 RCW and the heating
			 oil pollution liability insurance program established by chapter 70A.330
			 RCW.
(2) The location of the
			 principal office and the mailing address of the agency is:
Pollution Liability Insurance Agency
Washington State
P.O. Box 40930
Olympia, WA 98504-0930
(3) The principal administrative and
			 appointing officer of the agency is the director. The director may designate
			 other employees of the agency to act in his or her behalf in the director's
			 absence or with respect to those matters in which so doing would enhance the
			 efficiency of the agency's operations.
(4) In administering the heating oil
			 pollution liability insurance program, PLIA acts as the designated
			 representative of the insurer providing pollution liability insurance to owners
			 of registered heating oil tanks.
Statutory Authority:
				  RCW
				   70.149.040. 08-20-013, §
										374-70-030, filed 9/18/08,
				  effective 1/1/09. Statutory Authority: Chapter 70.149 RCW. 97-06-080, §
										374-70-030, filed 3/3/97,
				  effective 4/3/97; 96-01-101, §
										374-70-030, filed 12/19/95,
				  effective 1/19/96.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-70 - Heating oil pollution liability insurance program › Section 374-70-040 - Insurance program

Current through Register Vol. 24-14, July 15, 2024
The director, as the heating oil pollution liability insurance
				program administrator, is responsible for obtaining pollution liability
				insurance coverage on behalf of the named insureds: All owners of registered
				heating oil tanks as defined in this chapter. The pollution liability insurance
				policy will provide $60,000 coverage, including reinsurance, per occurrence,
				per site, per year and shall be in excess of other valid insurance and
				warranties. The policy will be reinsured through the pollution liability
				insurance agency trust account.
Statutory Authority:
				  RCW
				   70.149.040. 08-20-013, §
										374-70-040, filed 9/18/08,
				  effective 1/1/09. Statutory Authority: Chapter 70.149 RCW. 96-01-101, §
										374-70-040, filed 12/19/95,
				  effective 1/19/96.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-70 - Heating oil pollution liability insurance program › Section 374-70-050 - Eligibility

Current through Register Vol. 24-14, July 15, 2024
In accordance with RCW   70A.330.040(1), only heating oil tanks
				in Washington state with registrations in place before July 2, 2020, and the
				owner associated with that heating oil tank are eligible for coverage under the
				heating oil pollution liability insurance program.
(1) Participation in the heating oil
			 pollution liability insurance program is optional for heating oil tank owners
			 with heating oil tank registrations in place before July 2, 2020.
(2) Abandoned or decommissioned heating oil
			 tanks are not eligible for coverage under the heating oil pollution liability
			 insurance program, except as described in WAC 374-70-080(4) and
			 374-70-090(4).
(3) Registration of
			 the heating oil tank in the heating oil pollution liability insurance program
			 must be in the name of the current owner of the property where the registered
			 heating oil tank is located. In the event of a property ownership transfer, the
			 new property owner must submit an updated registration form within 180 calendar
			 days of the property ownership transfer in order to maintain the registration.
			 The date of the property ownership transfer will be considered the first day of
			 the 180 calendar days. If the new owner does not register within 180 calendar
			 days, the registration will end.
(a) Property
			 ownership transfers include, but are not limited to, sales, gifting, and
			 inheritances.
(b) A person
			 inheriting property with a heating oil tank registration has 12 months to
			 notify PLIA about the property ownership transfer. After 12 months the
			 registration ends if there are no notifications to PLIA and no named property
			 owner.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-70 - Heating oil pollution liability insurance program › Section 374-70-060 - Coverage

Current through Register Vol. 24-14, July 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.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-70 - Heating oil pollution liability insurance program › Section 374-70-070 - Parties involved with an accidental release and corrective action

Current through Register Vol. 24-14, July 15, 2024
Among the potential parties involved when an accidental release
				is suspected from a heating oil tank or line are the heating oil tank owner or
				operator, adjacent property owners, heating oil supplier, PLIA, third-party
				administrator, department of ecology, and heating oil tank service
				providers.
(1) Heating oil tank owner
			 or operator. All liabilities caused by an accidental release originating from a
			 heating oil tank are the sole responsibility of the heating oil tank owner or
			 operator. The pollution liability insurance agency and/or the state of
			 Washington accepts no liability, nor portion of the liability, from the heating
			 oil tank owner or operator.
(a) The heating
			 oil tank operator may submit forms to PLIA on behalf of the owner, however, no
			 corrective action may be performed without the specific written consent of the
			 heating oil tank owner.
(b) The
			 heating oil tank owner or operator is responsible for notifying the heating oil
			 supplier in the case of a suspected accidental release and investigating the
			 source and extent of the suspected accidental release.
(c) The heating oil tank owner is responsible
			 for providing documentation to PLIA that pollution liability coverage will not
			 be provided by the homeowner's insurer.
(d) If corrective action is implemented, the
			 heating oil tank owner is responsible for selecting a service provider approved
			 by the insurer and approving the completed corrective action.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-70 - Heating oil pollution liability insurance program › Section 374-70-100 - Service provider requirements and procedures

Current through Register Vol. 24-14, July 15, 2024
(1) All corrective action shall be performed
			 by insurer approved heating oil tank service providers. A heating oil tank
			 service provider is an independent contractor responsible for corrective action
			 including excavation, sampling and testing, remedial actions, site restoration,
			 and submittal of required reports to PLIA.
(2) Heating oil tank service providers are
			 required to adhere to the terms and conditions detailed in the program's
			 service provider agreement and to renew this agreement annually.
(a) PLIA provides a list of heating oil tank
			 service providers on PLIA's website. This list is reviewed and updated
			 regularly.
(b) Any service provider
			 suspended or terminated due to violation of the service provider agreement is
			 prohibited from participating in the heating oil insurance program.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-70 - Heating oil pollution liability insurance program › Section 374-70-120 - Appeals

Current through Register Vol. 24-14, July 15, 2024
(1) A person may appeal any of the following
			 decisions made under the heating oil pollution liability insurance program to
			 the director:
(a) A denial of eligibility for
			 coverage;
(b) Amount of payment
			 allowed for corrective action;
(c)
			 Amount of payment allowed for property damage;
(d) Amount of payment allowed for a
			 third-party claim; and
(e) A
			 determination that cleanup does not meet MTCA standards.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-70 - Heating oil pollution liability insurance program › Section 374-70-130 - Confidentiality of information

Current through Register Vol. 24-14, July 15, 2024
(1) All
			 information obtained during heating oil tank registration shall be confidential
			 and may not be subject to public disclosure under chapter 42.17 RCW.
(2) All examination and proprietary reports
			 and information obtained in soliciting bids from insurers and in monitoring the
			 selected insurer shall be confidential and may not be made public or otherwise
			 disclosed to any person, firm, corporation, agency, association, government
			 body, or other entity.
Statutory Authority: Chapter 70.149 RCW. 97-06-080, §
										374-70-130, filed 3/3/97,
				  effective 4/3/97; 96-01-101, §
										374-70-130, filed 12/19/95,
				  effective 1/19/96.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-80 - Advice and technical assistance program › Section 374-80-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish a program for
				providing technical assistance regarding a release or suspected release from an
				eligible petroleum storage tank system. Under this program, the agency will
				provide advice and technical assistance regarding a completed or proposed
				independent remedial action and application of chapters 70A.330 and 70A.305
				RCW.
Any opinion provided by the agency under this program is
				advisory only and not binding upon either the pollution liability insurance
				agency or the department of ecology. Participation in this program is not a
				settlement with the state under the Model Toxics Control Act. Persons
				conducting independent remedial actions do so at their own risk and may be
				required to take additional remedial actions by the department of ecology if
				such actions are determined to be necessary under the Model Toxics Control
				Act.
Statutory Authority: Chapter 70.148 RCW. 03-06-015, §
										374-80-010, filed 2/21/03,
				  effective 3/24/03. Statutory Authority: Chapter 70.149 RCW. 97-20-094, §
										374-80-010, filed 9/29/97,
				  effective 10/30/97.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-80 - Advice and technical assistance program › Section 374-80-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the context requires otherwise, the definitions in this
				section shall apply throughout this chapter.
(1) "Abandoned heating oil tank" means a
			 consumptive use heating oil tank system that has been abandoned or
			 decommissioned and is no longer in service or use.
(2) "Active heating oil tank" means a
			 consumptive use heating oil tank system that is in use.
(3) "Agency" means the Washington state
			 pollution liability insurance agency (PLIA).
(4) "Applicant" means the party who is
			 seeking advice and assistance from the advice and technical assistance program,
			 whose application has been accepted by the agency.
(5) "Decommissioned heating oil tank" means a
			 heating oil tank system that has been removed from operation by an approved
			 method such as abandonment in place (e.g., cleaning and filling with an inert
			 material) or by removal from the ground.
(6) "Director" means the director of the
			 Washington state pollution liability insurance agency.
(7) "Eligible petroleum storage tank system"
			 means the following petroleum storage tank systems:
(a) An active, decommissioned, or abandoned
			 heating oil tank; or
(b) A
			 petroleum storage tank system identified by the agency or department of ecology
			 based on the relative risk posed by the release to human health and the
			 environment as determined under chapter 70A.305 RCW, or other factors
			 identified by the department of ecology.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-80 - Advice and technical assistance program › Section 374-80-030 - Communications

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 70.149 RCW. 97-20-094, §
										374-80-030, filed 9/29/97,
				  effective 10/30/97.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-80 - Advice and technical assistance program › Section 374-80-040 - Procedures

Current through Register Vol. 24-14, July 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.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-80 - Advice and technical assistance program › Section 374-80-045 - Environmental covenant

Current through Register Vol. 24-14, July 15, 2024
(1)
Consultation.
Where PLIA issues a written opinion under this
			 program, and the remedial action requires an environmental covenant, the
			 applicant must consult with and seek comment on the draft environmental
			 covenant from a city or county department with land use planning authority for
			 real property subject to the covenant. The consultation and opportunity for
			 comment must take place before the property owner records the environmental
			 covenant.
(2)
Periodic
			 review.
Where PLIA has issued a written opinion under this program, and
			 the remedial action requires an environmental covenant, PLIA must conduct a
			 review of the effectiveness of the environmental covenant. The agency must
			 conduct the periodic review at least once every five years.
(3)
Violation.
If the terms of
			 the environmental covenant are not complied with, the agency may rescind the no
			 further action opinion.
(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 must
			 address the issues within 60 days. If the issues are not addressed to PLIA's
			 satisfaction, the agency will issue a letter rescinding the no further action
			 opinion. PLIA will notify the department of ecology of this action.
(b) Where the issues are substantive in
			 nature, the agency will issue a letter rescinding the no further action
			 opinion. PLIA will notify the department of ecology of this action.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-80 - Advice and technical assistance program › Section 374-80-050 - Reimbursement

Current through Register Vol. 24-14, July 15, 2024
(1) The agency must collect, from the
			 applicant, a fee to cover the costs incurred in providing advice and technical
			 assistance under the program.
(2)
			 The agency will post the fee for providing advice and technical assistance
			 under this program on the agency's website and in the program guidance.
(a) The agency will adjust the enrollment fee
			 on an annual basis in July of each calendar year.
(b) The fee is based on the calculation of
			 the costs incurred providing advice and technical assistance and other factors
			 identified by the agency. The agency will make the fee calculation of
			 identified costs available upon request.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-80 - Advice and technical assistance program › Section 374-80-060 - Liability

Current through Register Vol. 24-14, July 15, 2024
(1) The state of Washington and/or the
			 pollution liability insurance agency accepts no liability, nor portion of
			 liability, from the applicant.
(2)
			 The state of Washington, the pollution liability insurance agency, and its
			 officers and employees are immune from all liability, and no cause of action
			 arises from any act or omission in providing, or failing to provide, advice,
			 opinion, conclusion, or assistance under this program.
Statutory Authority: Chapter 70.149 RCW. 97-20-094, §
										374-80-060, filed 9/29/97,
				  effective 10/30/97.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-80 - Advice and technical assistance program › Section 374-80-070 - Termination

Current through Register Vol. 24-14, July 15, 2024
(1) The issuance of a no further action
			 opinion constitutes notice of termination of the program agreement by the
			 agency.
(2) The agency may
			 terminate a program agreement for other reasons including, but not limited to,
			 inactivity at the site for 12 consecutive months or violating the agency code
			 of conduct.
(3) The applicant may
			 terminate the program agreement at any time. As specified in WAC 374-80-050,
			 the fee is nonrefundable.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-100 - State environmental policy act (sepa) › Section 374-100-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
The pollution liability insurance agency adopts these rules
				under
				RCW
				 43.21C.120 (State Environmental Policy Act)
				and chapter 197-11 WAC (SEPA rules).
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-100 - State environmental policy act (sepa) › Section 374-100-020 - Adoption by reference

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 provisions of chapter 197-11 WAC (SEPA guidelines adopted by the department of
			 ecology), are hereby adopted by PLIA, and are incorporated in and made a part
			 of this chapter by reference herein, to the extent that the SEPA guidelines are
			 applicable to the programs, activities, and actions of PLIA.
(2) The provisions of this chapter are
			 intended to implement the provisions of chapter 197-11 WAC, and to be
			 consistent therewith.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-100 - State environmental policy act (sepa) › Section 374-100-030 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of this
			 chapter is to implement chapter 197-11 WAC, SEPA rules, as applicable to the
			 pollution liability insurance agency.
(2) These policies and procedures are
			 developed to implement SEPA in a manner which reduces duplication, establishes
			 effective and uniform rules, encourages public involvement, and promotes
			 certainty with respect to the requirements of the act.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-100 - State environmental policy act (sepa) › Section 374-100-040 - Additional definitions

Current through Register Vol. 24-14, July 15, 2024
In addition to the definitions contained in WAC
				197-11-700 through
				197-11-799,
				the following terms shall have the listed meanings:
(1) "PLIA" means the pollution liability
			 insurance agency.
(2) "Proponent"
			 means applicant, as defined in WAC
			 197-11-716 or party
			 with a proposal, as defined in WAC
			 197-11-784.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-100 - State environmental policy act (sepa) › Section 374-100-050 - Categorical exemptions

Current through Register Vol. 24-14, July 15, 2024
The following activities of the PLIA are within the categorical
				exemptions contained in the indicated subsections of WAC
				197-11-800:
(1) Actions that must be undertaken
			 immediately or within a time too short to allow full compliance with this
			 chapter, to avoid an imminent threat to public health or safety, to prevent an
			 imminent danger to public or private property, or to prevent an imminent threat
			 of serious environmental degradation as provided in WAC
			 197-11-880 including,
			 but not limited to:
(a) Performance of
			 emergency removal and disposal of petroleum products from a tank;
(b) Performance of emergency removal and
			 disposal of soil or groundwater contaminated with petroleum products;
(c) Approval of funding for emergency
			 projects;
(d) Emergency disaster
			 response or maintenance.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-100 - State environmental policy act (sepa) › Section 374-100-060 - Summary of information which may be required of an applicant

Current through Register Vol. 24-14, July 15, 2024
(1) The applicant for
			 each proposal for which the PLIA is the lead agency shall submit a complete
			 environmental checklist along with a complete application for the required
			 approval.
(2) After review of the
			 environmental checklist, the PLIA may require the applicant to submit
			 additional information necessary to properly evaluate the potential
			 environmental impacts of the project. Field investigation or research may be
			 required of the applicant or conducted by the PLIA at the applicant's
			 cost.
(3) Preparation of EIS is the
			 responsibility of PLIA. The responsible official shall be satisfied that any
			 EIS issued by the PLIA is in compliance with these rules and chapter 197-11
			 WAC.
(4) Whenever someone other
			 than the PLIA prepares an EIS the responsible official shall:
(a) Coordinate scoping to ensure that the
			 individual preparing the document receives all substantive information
			 submitted by any agency or person.
(b) Direct the areas of research and study to
			 be undertaken and the content and organization of the document.
(c) Assist in obtaining information on file
			 with another agency that is needed by the person preparing the
			 document.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-100 - State environmental policy act (sepa) › Section 374-100-070 - Timing of the SEPA process

Current through Register Vol. 24-14, July 15, 2024
(1) As
			 provided by WAC
			 197-11-055,
			 the SEPA process shall be completed before the pollution liability insurance
			 agency is irrevocably committed to a particular course of action. At the same
			 time, the SEPA process should not be undertaken until a proposal is
			 sufficiently definite to permit meaningful environmental analysis.
(2) When PLIA receives an application or
			 proposal, the agency shall determine whether PLIA's SEPA action is
			 "categorically exempt" or statutorily exempt from SEPA. If exempt, and WAC
			 197-11-305
			 does not remove categorical exempt status, PLIA has no further obligation under
			 SEPA.
(3) The threshold
			 determination and any required environmental impact statement (EIS) for PLIA
			 nonproject actions shall be completed prior to official adoption of the action
			 in question.
(4) The threshold
			 determination and any required EIS for issuance of a loan or grant under PLIA's
			 underground storage tank loan and grant program shall be completed prior to
			 issuance of the loan or grant in question. Applicants shall provide all
			 environmental and design information necessary to prepare the appropriate
			 environmental document.
(5) The
			 threshold determination and any required EIS for PLIA actions of a project
			 nature shall in all cases be completed prior to the approval of the location or
			 design of the project in question. Where the project involves remedial actions
			 under the Model Toxics Control Act conducted a potentially liable person under
			 an order or consent decree, the timing and review requirements of WAC
			 197-11-250
			 through
			 197-11-268
			 will govern as appropriate.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-100 - State environmental policy act (sepa) › Section 374-100-080 - Lead agency determination

Current through Register Vol. 24-14, July 15, 2024
(1) PLIA
			 will endeavor to determine whether PLIA or another agency is the SEPA lead
			 agency within five working days of receiving the nonexempt proposal. See WAC
			 197-11-050 and
			 197-11-922
			 through
			 197-11-940.
			 If PLIA is not the lead agency, PLIA shall send the complete environmental
			 checklist and a copy of the application or proposal to the lead agency with an
			 explanation of why PLIA identified the agency as the lead agency.
(2) PLIA may determine it would be
			 appropriate to share or divide lead agency responsibilities with other
			 agencies. In such an event, one agency will be designated the nominal lead
			 agency, and shall be responsible for complying with the duties of the lead
			 agency under the SEPA rules. Other agencies with jurisdiction shall be notified
			 of the agreement and determination of the nominal lead agency.
(3) Whenever PLIA is an agency of
			 jurisdiction and determines that a DNS issued by another lead agency is
			 inappropriate and that the proposal in question could cause significant harm to
			 the resources under its jurisdiction, the agency may assume lead agency status
			 per WAC
			 197-11-948.
			 Within ten days of assuming lead agency status, PLIA will notify the proponent
			 of the proposal in writing as to the reasons for its assumption of lead agency
			 status. Prior to preparation of an EIS for the proposal, PLIA will consult with
			 the proponent and give the proponent an opportunity to modify or change the
			 proposal in such a way that an EIS may not be necessary as outlined in WAC
			 197-11-360(4).
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-100 - State environmental policy act (sepa) › Section 374-100-090 - Availability, distribution, and costs of environmental documents

Current through Register Vol. 24-14, July 15, 2024
(1) When PLIA is the
			 lead agency, PLIA personnel shall distribute SEPA documents as required by
			 chapter 197-11 WAC unless another agency is nominal colead with PLIA. The
			 following are acceptable methods of distribution:
(a) Email environmental documents including
			 attached checklists and backup materials provided the recipient agency or
			 interested party has made its email address available to PLIA;
(b) Mail environmental documents, including
			 attached checklists and backup materials, on CDs or as hardcopies to agency
			 mailing lists that include either general lists or lists for specific proposals
			 or subject areas.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-100 - State environmental policy act (sepa) › Section 374-100-100 - Agency policy-Substantive authority and mitigation

Current through Register Vol. 24-14, July 15, 2024
(1) The policy of the pollution liability
			 insurance agency is to avoid or mitigate adverse environmental impacts that may
			 result from agency actions or approvals. This policy results from:
(a) The legislated duties of the agency with
			 respect to protection of human health and the environment; and
(b) Recognition of the fact that each person
			 has a fundamental and inalienable right to a healthful environment and that
			 each person has a responsibility to contribute to the preservation and
			 enhancement of the environment (RCW
			  43.21C.020(3)).
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-100 - State environmental policy act (sepa) › Section 374-100-110 - Designation of responsible official

Current through Register Vol. 24-14, July 15, 2024
(1) The responsible official shall carry out
			 duties and functions for the purpose of assuring PLIA's compliance with SEPA
			 and the SEPA rules.
(2) When PLIA
			 is the lead agency, the responsible official shall review the environmental
			 checklist and make the threshold determination in compliance with this chapter,
			 chapters 43.21C RCW and 197-11 WAC, and specifically, WAC
			 197-11-330.
(3) The responsible official shall carry out
			 further SEPA compliance under WAC
			 197-11-340,
			 197-11-350, or
			 197-11-360,
			 as appropriate. This includes notice and circulation requirements for threshold
			 determinations.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-100 - State environmental policy act (sepa) › Section 374-100-120 - Procedures when consulted

Current through Register Vol. 24-14, July 15, 2024
When a request by another agency for consultation is made
				pursuant to the provisions of WAC
				197-11-912,
				such request shall be referred for response to the responsible official who
				shall coordinate the research and field investigations which may be necessary,
				and supervise the transmittal of the requested information to the lead agency
				within the time periods specified by WAC
				197-11-502.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-100 - State environmental policy act (sepa) › Section 374-100-130 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				person or circumstance is held invalid, the remainder of this chapter, or the
				application of the provision to other persons or circumstances, shall not be
				affected.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-10 - General administrative policies › Section 381-10-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to specify general administrative policies of the Washington state indeterminate sentence review board.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-10-010, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-10 - General administrative policies › Section 381-10-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
The indeterminate sentence review board is authorized pursuant to chapter 9.95 RCW, as amended.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-10-020, filed 6/26/91, effective 7/27/91.
Washington Administrative Code › Title 381 - Indeterminate Sentence Review Board › Chapter 381-10 - General administrative policies › Section 381-10-030 - Scope

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter shall apply to the members and staff of the indeterminate sentence review board and to the offenders over whom the board has jurisdiction.
Statutory Authority: RCW 34.05.220(1)(b) and 42.17.250. 91-14-028, §
										381-10-030, filed 6/26/91, effective 7/27/91.