Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-70 - Heating oil pollution liability insurance program › Section 374-70-080 - Claims

Current through Register Vol. 24-14, July 15, 2024
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.
				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 corrective action costs, the following actions
				are required:
(1) 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;
(2) 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;
(3) The
			 heating oil tank owner or operator must provide notice to PLIA that a potential
			 claim exists as soon as practicable after discovery that an accidental release
			 may have occurred;
(4) A claim must
			 be made with PLIA by the owner of the registered tank as soon as practicable,
			 but not more than 180 calendar days after the date a registered heating oil
			 tank becomes abandoned or decommissioned;
(5) Upon receipt of notice of a potential
			 claim, PLIA will commence completion of the notice of claim, and will require
			 the heating oil tank owner to select a service provider from PLIA's listing of
			 approved heating oil tank service providers;
(6) 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;
(7) The heating oil tank owner is responsible
			 for investigation to determine the source of a suspected accidental release.
			 The heating oil tank owner is also responsible for providing documentation to
			 PLIA that coverage will not be provided by the owner's homeowners'
			 insurer;
(8) If the claim is
			 determined by PLIA to be valid, PLIA will notify the heating oil tank owner or
			 operator. The corrective action shall be performed by a heating oil tank
			 service provider approved by the insurer;
(9) The heating oil tank service provider
			 will notify PLIA of selection by the heating oil tank owner. PLIA will inform
			 the heating oil tank service provider of the following forms to be used and
			 which are accessed through the online community:
(a) 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;
(b) Change order. This form provides a
			 proposal for change or deviation from the scope of work proposal;
(c) Project field report. This form provides
			 a record of all corrective action and work elements, as well as a record of
			 detailed costs. The project field 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
(d) Closeout report. This will include a
			 project closeout form, final cleanup report, and corrective action cost claim.
			 The closeout report may serve as the closure of the claim under this
			 program;