reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-52 - Water districts requests for approvals and certifications of necessity to operate sewer districts › Section 372-52-070 - Limitation of an approval and a certification of necessity

Current through Register Vol. 24-14, July 15, 2024
The granting of an approval and a certification of necessity by ecology shall only constitute approval to establish, maintain, construct, and operate a sewer system within the proposed service area requested in the initial application for an approval and a certification of necessity, and shall in no way constitute approval or authority to establish, maintain, construct and operate a sewer system in any area which may be annexed at some future time by the applicant water district.
The granting of an approval and a certification of necessity by ecology does not constitute approval of the engineering report or plans and specifications of any sewer system, and all plans and specifications and the proposed method of operation and maintenance for any sewer system must be approved by ecology pursuant to RCW  90.48.110.
Statutory Authority: RCW 43.216.001 [43.21B.001] and chapter 43.21A RCW. 88-13-029 (Order 88-62), § 372-52-070, filed 6/8/88; Order 68-105, § 372-52-070, filed 8/21/68, effective 9/21/68.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-68 - Water pollution control and abatement plans for sewage drainage basins › Section 372-68-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
The state of Washington department of ecology pursuant to RCW  90.48.035, 90.48.270, and 90.48.280 hereby adopts and promulgates these rules and regulations for the development, submission, and adoption of water pollution control and abatement plans for sewage drainage basins.
Statutory Authority: RCW 43.216.001 [43.21B.001] and chapter 43.21A RCW. 88-13-029 (Order 88-62), § 372-68-010, filed 6/8/88; Order 70-38, § 372-68-010, filed 4/7/70.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-68 - Water pollution control and abatement plans for sewage drainage basins › Section 372-68-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The rules and regulations of the department of ecology contained herein set forth the procedures necessary to conform with RCW  90.48.280 and 90.48.290(3). Ecology's review must primarily assure that the plan provisions will give adequate protection to and preservation of present and future water quality as indicated in the water quality standards for interstate and intrastate waters as they now exist or may hereafter be amended.
Statutory Authority: RCW 43.216.001 [43.21B.001] and chapter 43.21A RCW. 88-13-029 (Order 88-62), § 372-68-020, filed 6/8/88; Order 70-38, § 372-68-020, filed 4/7/70.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-68 - Water pollution control and abatement plans for sewage drainage basins › Section 372-68-040 - Planning guide

Current through Register Vol. 24-14, July 15, 2024
The "sewage drainage basin and urban area planning guide for water pollution control and abatement" contains recommendations and suggestions with respect to the development of such plans and is hereby approved by the state of Washington department of ecology. This guide should be used as the basis for the preparation of all water pollution control and abatement plans. Recent developments in the field of water quality should be incorporated into this guide.
Statutory Authority: RCW 43.216.001 [43.21B.001] and chapter 43.21A RCW. 88-13-029 (Order 88-62), § 372-68-040, filed 6/8/88; Order 70-38, § 372-68-040, filed 4/7/70.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-68 - Water pollution control and abatement plans for sewage drainage basins › Section 372-68-050 - Procedures for coordination of basin planning

Current through Register Vol. 24-14, July 15, 2024
(1) A plan will be prepared for each basin by the planning agencies having authority within that basin. Each agency will plan only for that area for which it has authority or for other areas by agreement.
(2) Within each basin a single agency or committee will be responsible for coordination of the water pollution control and abatement planning efforts. Where possible, such agency or committee will also be responsible for the preparation and implementation of the water pollution control and abatement plan.
(3) To facilitate covering a logical planning area, a single agency may be made responsible for more than one basin.
(4) A single planning document may be proposed in which more than one basin is included, providing the basins are clearly designated.
(5) Any municipality may prepare and submit a separate service area plan through the basin plan coordinating agency or committee to ecology.
(6) The basin plan-coordinating agency or committee should be agreed upon by, but not limited to, ecology and county, municipal, metropolitan, regional and special purpose agencies having authority within the basin.
(7) Such agreement will be formalized by contract as provided for in chapter 39.34 RCW, the Interlocal Cooperation Act, when legally possible.
(8) Ecology shall assume the responsibility for preparation and coordination of the sewage drainage basin plans or will designate a plan-coordinating agency from among those agencies having jurisdiction within the basin.
Statutory Authority: RCW 43.216.001 [43.21B.001] and chapter 43.21A RCW. 88-13-029 (Order 88-62), § 372-68-050, filed 6/8/88; Order 70-38, § 372-68-050, filed 4/7/70.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-68 - Water pollution control and abatement plans for sewage drainage basins › Section 372-68-060 - Outline of minimum plan requirements

Current through Register Vol. 24-14, July 15, 2024
The water pollution control and abatement plan shall include but not be limited to:
(1) Introduction (includes statement of purpose and intent, acknowledgments, summary of findings, and base map).
(2) Basis for planning
(a) Physical environment
(i) Topography - General description
(ii) Soil and drainage characteristics - Adequate interpretation of soil types and surface grades to determine suitability for septic tank filter fields
(iii) Hydrology - A brief summary of stream discharge records to include maximum, mean and minimum annual flows and 7-day 10-year low-flow; areas where low-flow establishment is needed; where applicable, a brief summary of information pertaining to the water table and flood plains (100 year floods)
(iv) Water quality - A brief summary of available water quality data; classification by interstate and intrastate water quality standards
(v) This section is to include maps of topography, soil and drainage characteristics, flood plains, watercourse classification and water quality problem areas, and location of sampling stations for quantity and quality.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-68 - Water pollution control and abatement plans for sewage drainage basins › Section 372-68-070 - Procedure for plan adoption

Current through Register Vol. 24-14, July 15, 2024
(1) Two copies of said water pollution control and abatement plan will be submitted to ecology for review. Within thirty days of receipt ecology will approve or reject said plan in writing. Upon ecology approval a public hearing will be scheduled for a date within thirty days of said approval. This hearing will be preceded by the appropriate notices as set forth in RCW 42.32.010. Such hearing may be continued from time to time, and at the termination thereof, ecology may reject the plan proposed or adopt it with such modifications as it shall deem proper. Said adoption will take place within sixty days of the termination of the hearing. One copy of the water pollution control and abatement plan adopted by ecology will be stamped with the approval stamp of ecology and returned to the agency which submitted said plan with instructions to notify all involved entities within fifteen days.
(2) Ecology will consider for adoption plans for sub-areas within a basin if it shall deem such adoption desirable or necessary to prevent undue delay in the construction of urgently needed water pollution control facilities. In all such cases the sub-area plan should be developed according to WAC 372-68-060 and should be submitted through the basin plan-coordinating agency if possible.
Statutory Authority: RCW 43.216.001 [43.21B.001] and chapter 43.21A RCW. 88-13-029 (Order 88-62), § 372-68-070, filed 6/8/88; Order 70-38, § 372-68-070, filed 4/7/70.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-68 - Water pollution control and abatement plans for sewage drainage basins › Section 372-68-080 - Amendments to the water pollution control and abatement plan

Current through Register Vol. 24-14, July 15, 2024
After a plan has been adopted, occasions may arise when a change in certain parts of the plan provisions is necessary. Proposed deviations from the adopted water pollution control and abatement plan which affect the adequacy and efficiency of plan provisions shall be submitted to ecology in duplicate. Such amendments will then follow the review, hearing, and adoption sequence specified in WAC 372-68-070.
Statutory Authority: RCW 43.216.001 [43.21B.001] and chapter 43.21A RCW. 88-13-029 (Order 88-62), § 372-68-080, filed 6/8/88; Order 70-38, § 372-68-080, filed 4/7/70.
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-68 - Water pollution control and abatement plans for sewage drainage basins › Section 372-68-090 - Relationship of water pollution control and abatement plans for sewage drainage basins to other plans required by ecology for public sewage and industrial waste works

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology recognizes three basic phases of planning:
(a) Water pollution control and abatement plan (for sewage drainage basins)
(b) Preliminary engineering report
(c) Construction plans and specifications
Washington Administrative Code › Title 372 - Ecology, Department of (Water Pollution) › Chapter 372-68 - Water pollution control and abatement plans for sewage drainage basins › Section 372-68-100 - Sewage drainage basin delineation

Current through Register Vol. 24-14, July 15, 2024
Ecology, pursuant to RCW  90.48.270 hereby adopts as sewage drainage basins the water resource inventory areas delineated as shown.
Sewage Drainage Basins
Click to view image
Statutory Authority: RCW 43.216.001 [43.21B.001] and chapter 43.21A RCW. 88-13-029 (Order 88-62), § 372-68-100, filed 6/8/88; Order 70-38, § 372-68-100, filed 4/7/70.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-20 - Public records › Section 374-20-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to implement those provisions of
				chapter 42.56 RCW relating to access to public records.
Statutory Authority: RCW  42.17.250. 90-14-019 (Order 90-4),
				  §
										374-20-010, filed 6/27/90,
				  effective 7/28/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-20 - Public records › Section 374-20-020 - 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) The terms "public record" and "writing"
			 have the same meanings as stated in
			 RCW
			  42.17A.005.
(2) "Agency" means the pollution liability
			 insurance agency established pursuant to chapters 70A.325 and 70A.330 RCW and
			 shall also mean staff or employees of the pollution liability insurance
			 agency.
(3) "Director" means the
			 director of the agency.
(4) "Public
			 records officer" means the designated records manager of the agency.
(5) "Designee" means the employee of the
			 agency designated by the director or the public records officer to serve as the
			 public records officer at the agency in the absence of the officer.
Statutory Authority: RCW  42.17.250. 90-14-019 (Order 90-4),
				  §
										374-20-020, filed 6/27/90,
				  effective 7/28/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-20 - Public records › Section 374-20-030 - Description of organization

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 agency's mailing address is:
Pollution Liability Insurance Agency
State of Washington
P.O. Box 40930
Olympia, Washington 98504-0930
The agency's office is located at:
500 Columbia St. N.W.
Olympia, WA 98501
(2) The principal administrative and
			 appointing officer of the agency is the director. The director may designate
			 other officers or employees of the agency to act on his or her behalf in the
			 director's absence in which so doing would enhance the efficiency of the
			 agency's operations.
(3) The agency
			 implements and administers the pollution liability insurance programs
			 established by chapters 70A.325, 70A.330, and 70A.345 RCW.
(4) Any person wishing to request access to
			 public records of the agency, or seeking assistance in making such a request,
			 should contact the public records officer of the pollution liability insurance
			 agency using one of the following contact methods by mail:
PLIA Public Records Officer
P.O. Box 40930
Olympia, WA 98504-0930
Phone: 800-822-3905
Email: pliamail@plia.wa.gov.
A request form is available on the agency's website at
www.plia.wa.gov
.
(5) The public records officer will oversee
			 compliance with the Public Records Act, chapter 42.56 RCW. The agency will
			 provide the fullest assistance to requestors; create and maintain an index to
			 public records of the agency for use by the public and agency officials; ensure
			 that public records are protected from damage or disorganization; and prevent
			 fulfilling public records requests from causing excessive interference with
			 essential functions of the agency.
Statutory Authority: RCW  42.17.250. 90-14-019 (Order 90-4),
				  §
										374-20-030, filed 6/27/90,
				  effective 7/28/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-20 - Public records › Section 374-20-040 - Public records available

Current through Register Vol. 24-14, July 15, 2024
(1)
Times for inspection of records.
Public records are available for
			 inspection and copying during agency business hours of Monday through Friday,
			 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at
			 the office of the agency. Many public records are also available for inspection
			 and copying on the agency's web site at any time, at no cost.
(2)
Records index.
An index of
			 public records, as described in WAC
			 374-20-050, is
			 available for use by members of the public. The index may be accessed online at
www.plia.wa.gov
.
(3)
Organization of records.
The
			 agency will maintain its records in a reasonably organized manner. The agency
			 will take reasonable actions to protect records from damage and
			 disorganization. A requestor shall not take agency records from the agency's
			 office without the permission of the public records officer or designee. A
			 variety of records are available on the agency's web site at
www.plia.wa.gov
. Requestors are encouraged
			 to view the documents available on the web site before submitting a records
			 request.
(4)
No duty to
			 create records.
The agency is under no obligation to create a new public
			 record to satisfy a records request. Translating a record into an alternative
			 electronic format at the request of a requestor does not constitute a new
			 public record. Scanning paper copies to make electronic copies is a method of
			 copying paper records and does not create a new public record.
Statutory Authority: RCW  42.17.250. 90-14-019 (Order 90-4),
				  §
										374-20-040, filed 6/27/90,
				  effective 7/28/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-20 - Public records › Section 374-20-050 - Records indexes

Current through Register Vol. 24-14, July 15, 2024
The records retention schedule established by the division of
				state archives of the office of the secretary of state serves as an index for
				the identification and location of the agency's records, including those
				described in
				RCW
				 42.56.070(5).
The records retention schedule indexes records according to the
				record series title. Each title is further identified by a statement of
				function or purpose, and the retention period. The records retention schedule
				is available to the public for inspection and copying. With the assistance of
				the public records officer or designee, any person can access the agency's
				public records using the records retention schedule.
Policy statements and interpretive statements entered after
				June 30, 1990, and as defined in
				RCW
				 34.05.010, are indexed by number and subject
				matter and are available on the agency's web site.
Statutory Authority: RCW  42.17.250. 90-21-051 (Order 90-9),
				  §
										374-20-050, filed 10/15/90,
				  effective 11/15/90. Statutory Authority: RCW  42.17.250. 90-14-019 (Order 90-4),
				  §
										374-20-050, filed 6/27/90,
				  effective 7/28/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-20 - Public records › Section 374-20-060 - Making a request for public records

Current through Register Vol. 24-14, July 15, 2024
(1) Any person wishing to inspect or copy
			 public records of the agency must make the request in writing using the
			 agency's request form, the agency's online portal, by letter, fax, or email
			 addressed to the agency public records officer. The written request must
			 include:
(a) Name of requestor;
(b) Address of requestor;
(c) Requestor's contact information,
			 including telephone number and any email address;
(d) Identification of the requested public
			 record(s) adequate for the public records officer or designee to locate the
			 records;
(e) Whether the requestor
			 is asking to inspect the record(s) or for copies;
(f) Whether the requestor would like an
			 estimate of applicable charges before any copies are made; and
(g) The date and time of day of the
			 request.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-20 - Public records › Section 374-20-070 - Fees

Current through Register Vol. 24-14, July 15, 2024
(1) No fee shall be
			 charged for the inspection of public records, including inspecting records on
			 the agency's web site.
(2) In order
			 to avoid unduly burdensome fee calculations, the agency will implement a fee
			 schedule consistent with the Public Records Act. The agency adopts the state
			 legislature's approved fees and costs for most of the agency records, as
			 authorized in
			 RCW
			  42.56.120 and as published in the agency's
			 fee schedule.
(3) The fee schedule
			 is available at the agency's office and on the agency's web site at
www.plia.wa.gov
.
(4) The agency will charge for copies of
			 records pursuant to the default fees in
			 RCW  42.56.120(2)(b)
			 and (c). The agency will charge for
			 customized services pursuant to
			 RCW
			  42.56.120(3). Under
			 RCW
			  42.56.130, the agency may charge other copy
			 fees authorized by statutes outside of chapter 42.56 RCW. The agency may enter
			 into a contract, memorandum of understanding, or other agreement with a
			 requestor that provides an alternative fee arrangement to the charges, or in
			 response to a voluminous or frequently occurring request as allowed by
			 RCW
			  42.56.120(4).
(5) A requestor may ask the agency to provide
			 a summary of the applicable charges before any copies are made or before
			 processing a customized service. The requestor may revise the request to reduce
			 the number of copies to be made and reduce the applicable charges.
(6) Requestors are required to pay for copies
			 in advance of receiving records. Fee waivers are an exception and are available
			 for some smaller requests. If a fee waiver is requested, the requestor must
			 submit the fee waiver request in writing describing how the conditions are met.
			 A determination by the public records officer to waive all or part of copying
			 fees will be made on a case-by-case review of the fee waiver request.
(a) To request a fee waiver, the requestor
			 must submit the request in writing to the agency, describing how at least one
			 of the conditions set forth in (b) of this subsection are met. If the public
			 records officer determines condition(s) for a fee waiver are met, that decision
			 will be documented in writing.
(b)
			 The public records officer may grant a fee waiver request under the following
			 conditions:
(i) All of the records responsive
			 to an entire request are paper copies only and are twenty-five or fewer
			 pages;
(ii) All of the records for
			 an entire request are electronic and can be provided in a single email with
			 attachments of a size equivalent to up to one hundred printed pages;
			 or
(iii) The records responsive to
			 an entire request consists of a number of duplicate documents.
(c) Fee waivers are not applicable
			 to records provided in installments.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-20 - Public records › Section 374-20-075 - Responses to public records requests

Current through Register Vol. 24-14, July 15, 2024
(1) The agency is prohibited by statute from
			 disclosing lists of individuals for commercial purposes.
(2) Upon receipt of a request, the agency
			 will assign a tracking number and record the request into the agency's public
			 records request log.
(3) The public
			 records officer or designee will evaluate the request according to the nature
			 of the request, volume, and availability of requested records. The agency will
			 process requests in the order that allows the largest number of requests to be
			 processed in the most efficient manner.
(4) Following the initial evaluation of the
			 request under subsection (3) of this section, and within five business days of
			 receipt of the request, the public records officer or designee will do one or
			 more of the following:
(a) Make the records
			 available for inspection or copying including:
(i) If copies are available on the agency's
			 web site, providing the internet site or link to the specific records
			 requested;
(ii) If copies are
			 requested and the required fee is paid, send the copies to the
			 requestor;
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-20 - Public records › Section 374-20-076 - Notice of availability

Current through Register Vol. 24-14, July 15, 2024
(1) Once
			 record(s) responsive to a request or any installment thereof have been located,
			 assembled, reviewed, and prepared for release, and any affected parties
			 notified, the agency will notify the requestor that those record(s) are
			 available for inspection or copying.
(2) If the request asked for inspection of
			 the record(s), then upon receipt of a notice of availability, the requestor may
			 inspect records by scheduling a viewing appointment with the public records
			 officer or designee.
(3) If the
			 requestor asked for copies of the record(s), then the notice of availability
			 will state the costs required to be paid and any other allowable costs under
			 WAC
			 374-20-070 or the Public
			 Records Act, before release of copies of the records.
(4) If the requestor asked for a summary of
			 applicable charges before any copies are made, then the notice of availability
			 will state the estimated costs to make copies of the record(s) pursuant to WAC
			 374-20-070. The requestor
			 must inform the agency if it would like copies of the identified record(s). The
			 requestor may revise the request to reduce the number of copies to be made thus
			 reducing the applicable charges.
(5) If, within ten business days of the
			 agency's issuance of a notice of availability, the requestor fails to claim the
			 records (or any installment thereof) by either scheduling a viewing
			 appointment, making any required payment and picking up copies, or by
			 requesting copies of the record(s), then the agency will close the
			 request.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-20 - Public records › Section 374-20-080 - Statement of reasons for denial of public records request

Current through Register Vol. 24-14, July 15, 2024
(1) When the agency
			 denies, in whole or in part, a written records request, it shall cite the
			 specific exemption authorizing the refusal and provide a brief explanation of
			 how the exemption applies to the record withheld.
(2) The agency will maintain on its web site
www.plia.wa.gov
a list of the "other
			 statute" exemptions from disclosure, outside those found in the Public Records
			 Act, which may be applied to specific information or records of the agency.
			 This list is for informational purposes only, and failure to list an exemption
			 shall not affect the ability of any exemption used by the agency.
(3) The agency may deny a "bot" request, if
			 the agency establishes that responding would cause excessive interference with
			 other essential agency functions. A "bot" request is one of multiple records
			 requests from a requestor to the agency within a twenty-four hour period which
			 the agency reasonably believes was automatically generated by a computer
			 program or script.
Statutory Authority: RCW  42.17.250. 90-14-019 (Order 90-4),
				  §
										374-20-080, filed 6/27/90,
				  effective 7/28/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-20 - Public records › Section 374-20-090 - Reviews of denials of public records request

Current through Register Vol. 24-14, July 15, 2024
(1)
Petition for internal
			 administrative review of denial of access.
Any requestor who objects to
			 any denial of a records request may petition in writing to the public records
			 officer for a review of that decision. The petition shall include a copy of, or
			 reasonably identify, the written statement by the public records officer or
			 designee denying the request.
(a) The public
			 records officer shall promptly provide the petition and any other relevant
			 information to the agency official designated by the director to conduct the
			 review.
(b) The agency official
			 will immediately consider the petition and either affirm or reverse the denial
			 within two business days following the agency's receipt of the petition, or
			 within such other time as the agency and the requestor mutually agree
			 to.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-20 - Public records › Section 374-20-100 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
In order to protect the public records of the agency, the
				following guidelines shall be adhered to by any person inspecting such public
				records:
(1) No public records shall
			 be removed from the agency's premises.
(2) Inspection of any public record shall be
			 conducted in the presence of a designated agency employee.
(3) No public records may be marked or
			 defaced in any manner during inspection.
(4) Public records which are maintained in a
			 file or jacket, or chronological order, may not be dismantled except for
			 purposes of copying and then only by the public records officer or
			 designee.
(5) Access to file
			 cabinets, shelves, vaults, and other storage areas is restricted to office
			 personnel, unless other arrangements are made with the public records officer
			 or designee.
Statutory Authority: RCW 42.17.250. 90-14-019 (Order 90-4),
				  §
										374-20-100, filed 6/27/90,
				  effective 7/28/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-30 - Reserves › Section 374-30-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated under the authority conferred by
				RCW
				 70A.325.060. The purpose of this chapter is
				to implement those provisions of chapter 70A.325 RCW as amended by Substitute
				House Bill No. 2609 (chapter 64, Laws of 1990) relating to the establishment of
				reserves for the pollution liability insurance program.
Statutory Authority:
				  RCW
				   70.148.040. 90-14-020 (Order 90-5), §
										374-30-010, filed 6/27/90,
				  effective 8/1/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-30 - Reserves › Section 374-30-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the context requires otherwise, the following
				definitions shall apply:
(1) "Claim"
			 means a properly filed request for insurance benefits made by the holder of a
			 pollution liability insurance policy issued by an insurer with whom the
			 pollution liability insurance program has executed a contract for
			 reinsurance.
(2) "Director" means
			 the director of the pollution liability insurance agency and program appointed
			 by the governor pursuant to chapter 70A.325 RCW, or a person designated to act
			 on the director's behalf.
(3)
			 "Insurer" means a commercial property and casualty insurance company, risk
			 retention group, or group of insurance companies or risk retention
			 groups.
(4) "Loss reserve" means
			 the amount traditionally set aside by insurers for costs and expenses related
			 to claims that have been made.
(5)
			 "Program" means the pollution liability insurance program created in chapter
			 70A.325 RCW.
(6) "Surplus reserve"
			 means the amount traditionally set aside by insurers to provide financial
			 protection from unexpected losses and to serve, in part, as a measure of an
			 insurer's net worth.
(7)
			 "Unrestricted trust account balance" means the cash balance in the pollution
			 liability insurance program trust account created in
			 RCW
			  70A.325.020 less reserves established under
			 this chapter.
Statutory Authority:
				  RCW
				   70.148.040. 90-14-020 (Order 90-5), §
										374-30-020, filed 6/27/90,
				  effective 8/1/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-30 - Reserves › Section 374-30-030 - Loss reserves - Establishment and adjustment

Current through Register Vol. 24-14, July 15, 2024
(1) When the director is notified by an
			 insurer with whom a reinsurance contract has been entered into that claims have
			 been made by policyholders, the director shall order the establishment of a
			 loss reserve for each claim. The loss reserves will consist of an accounting
			 transfer from the unrestricted trust account balance of funds sufficient to
			 cover the program's estimated reinsurance reimbursement obligation for costs
			 and expenses for each claim as reported by the insurer.
(2) In the event that the costs and expenses
			 associated with a claim change during the claim adjustment and settlement
			 process, the director shall order that the loss reserve established for that
			 claim be adjusted to reflect changes in the program's reinsurance reimbursement
			 obligation. Such adjustments shall consist of additional transfers of funds
			 from or to the unrestricted trust account balance as required in each
			 case.
Statutory Authority:
				  RCW
				  70.148.040. 90-14-020 (Order 90-5), §
										374-30-030, filed 6/27/90,
				  effective 8/1/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-30 - Reserves › Section 374-30-040 - Loss reserves-Use and disposition

Current through Register Vol. 24-14, July 15, 2024
(1) When the adjustment and settlement of
			 claims for which the program has provided reinsurance has been completed, the
			 insurer shall notify the director of the terms of final settlement and shall
			 provide such documentation as the director may require. The director shall
			 order that the insurer be reimbursed for those costs and expenses in excess of
			 the insurer's contractual net retention that are properly due to the insurer
			 under the reinsurance contract. Such payments will be made from the funds set
			 aside as loss reserves for the pertinent claim.
(2) In the event that the program's final
			 reinsurance obligation for any claim differs from the amount set aside as a
			 loss reserve for that claim, adjustment shall be made as follows:
(a) If the program's reinsurance obligation
			 is greater than the amount set aside as a loss reserve, the additional funds
			 required shall be withdrawn from the unrestricted trust account
			 balance.
(b) If the program's
			 reinsurance obligation is less than the amount set aside as a loss reserve, the
			 unutilized funds shall be restored to the unrestricted trust account
			 balance.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-30 - Reserves › Section 374-30-050 - Surplus reserves - Establishment and adjustment

Current through Register Vol. 24-14, July 15, 2024
The director shall establish a surplus reserve, consisting of
				an accounting segregation of funds from the unrestricted trust account balance,
				for the program in order to protect the program and the state against
				unexpected catastrophic losses and in order to establish a financial foundation
				for the program that will be acceptable to commercial insurers and insurance
				industry regulatory authorities. The surplus reserve shall be established as
				soon as practicable following the effective date of this rule, and shall be
				adjusted by the director from time to time as needed. In establishing and
				adjusting the surplus reserve, the director shall consider the
				following:
(1) The required minimum
			 capitalization for insurers and reinsurers established in
			 chapter
			 48.05 RCW.
(2) Similar requirements set forth in the
			 laws and rules of the state or states in which the insurer or insurers for whom
			 the program is providing reinsurance are domiciled.
(3) Generally accepted standards of financial
			 soundness and solvency applicable to insurance and reinsurance.
(4) Actuarial analysis and information
			 concerning likely levels of reinsurance cost and expense exposure of the
			 program over time.
(5) Advice and
			 information from the Washington insurance commissioner, insurance industry
			 advisors, the pollution liability insurance program technical advisory
			 committee, and other knowledgeable persons.
(6) The actual loss and expense experience of
			 insurers and the program as this develops over time.
(7) Any additional information that the
			 director may deem pertinent and relevant.
Statutory Authority:
				  RCW
				  70.148.040. 90-14-020 (Order 90-5), §
										374-30-050, filed 6/27/90,
				  effective 8/1/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-30 - Reserves › Section 374-30-060 - Surplus reserves - Use and reestablishment

Current through Register Vol. 24-14, July 15, 2024
Funds set aside as surplus reserves shall be used only for
				payment of reinsurance costs and expenses resulting from natural disasters,
				catastrophes, or other conditions not foreseen or expected. Such payments may
				be made only by order of the director. In the event that such use is made of
				any or all of the surplus reserves established by this rule, the surplus
				reserve balance shall be restored to required levels out of program revenues as
				expeditiously as possible.
Statutory Authority:
				  RCW
				  70.148.040. 90-14-020 (Order 90-5), §
										374-30-060, filed 6/27/90,
				  effective 8/1/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-40 - Practice and procedure › Section 374-40-010 - Adoption of model rules

Current through Register Vol. 24-14, July 15, 2024
The model rules of procedure contained in chapter 10-08 WAC, as
				they exist now or may be hereafter amended are, to the extent they are not
				inconsistent with the rules contained in this chapter, adopted as the rules of
				procedure before this agency. The rules in this chapter will, to the extent of
				any conflict with the model rules of procedure, be deemed to supersede the
				conflicting model rules of procedure.
Statutory Authority:
				  RCW
				  70.148.040. 90-18-057 (Order 90-7), §
										374-40-010, filed 8/31/90,
				  effective 10/1/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-40 - Practice and procedure › Section 374-40-020 - Agency defined

Current through Register Vol. 24-14, July 15, 2024
Unless the context requires otherwise, "agency" means the
				pollution liability insurance agency created pursuant to chapter 70A.325
				RCW.
Statutory Authority:
				  RCW
				   70.148.040. 90-18-057 (Order 90-7), §
										374-40-020, filed 8/31/90,
				  effective 10/1/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-40 - Practice and procedure › Section 374-40-030 - Appearance and practice before agency - Who may appear

Current through Register Vol. 24-14, July 15, 2024
No person may appear in a representative capacity before the
				agency or its designated hearing officer other than the following:
(1) Attorneys at law duly qualified and
			 entitled to practice before the supreme court of the state of
			 Washington;
(2) Attorneys at law
			 duly qualified and entitled to practice before the highest court of record of
			 any other state, if the attorneys at law of the state of Washington are
			 permitted to appear in a representative capacity before administrative agencies
			 of such other state, and if not otherwise prohibited by Washington state
			 law;
(3) A bona fide officer,
			 partner, or full-time employee of an individual firm, association, partnership,
			 or corporation who appears for such individual firm, association, partnership,
			 or corporation.
Statutory Authority:
				  RCW
				  70.148.040. 90-18-057 (Order 90-7), §
										374-40-030, filed 8/31/90,
				  effective 10/1/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-40 - Practice and procedure › Section 374-40-040 - Appearance and practice before agency - Appearance by former employee of agency or former member of attorney general's staff

Current through Register Vol. 24-14, July 15, 2024
No former employee of the agency or member of the attorney
				general's staff may at any time after severing his or her employment with the
				agency or the attorney general appear in a representative capacity on behalf of
				other parties in a formal proceeding wherein he or she previously took an
				active part as a representative of the agency as provided by RCW
				42.22.040.
Statutory Authority:
				  RCW
				  70.148.040. 90-18-057 (Order 90-7), §
										374-40-040, filed 8/31/90,
				  effective 10/1/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-40 - Practice and procedure › Section 374-40-050 - Appearance and practice before agency - Former employee as expert witness

Current through Register Vol. 24-14, July 15, 2024
No former employee of the agency shall at any time after
				severing his or her employment with the state of Washington appear, except with
				the written permission of the agency, as an expert witness on behalf of other
				parties in a formal proceeding wherein he or she previously took an active part
				in the investigation as a representative of the agency.
Statutory Authority:
				  RCW
				  70.148.040. 90-18-057 (Order 90-7), §
										374-40-050, filed 8/31/90,
				  effective 10/1/90.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-45 - Reporting and initial investigations › Section 374-45-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
In order to aid the state in identifying and addressing heating
				oil contaminated property, this chapter sets forth the requirements for the
				public to report a release of heating oil from a heating oil tank and the
				process for the agency to conduct an initial investigation of the release. This
				chapter is promulgated under the authority of chapter 70A.330 RCW.
(1) Nothing in this chapter precludes the
			 department of ecology from taking or requiring further action based on other
			 law.
(2) This chapter does not
			 apply to releases from underground storage tank systems regulated under chapter
			 173-360A WAC. Such releases must be investigated and reported to the department
			 of ecology in accordance with that chapter.
(3) Nothing in this chapter eliminates any
			 obligations to comply with reporting requirements in other laws or
			 permits.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-45 - Reporting and initial investigations › Section 374-45-020 - 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) "Agency" means the Washington state
			 pollution liability insurance agency.
(2) "Heating oil" means any petroleum product
			 used for space heating in oil-fired furnaces, heaters, and boilers, including
			 stove oil, diesel fuel, or kerosene. "Heating oil" does not include petroleum
			 products used as fuels in motor vehicles, marine vessels, trains, buses,
			 aircraft, or any off-highway equipment not used for space heating, or the
			 generation of electrical energy.
(3) "Heating oil tank" means a tank and its
			 connecting pipes, whether above or below ground, or in a basement, with pipes
			 connected to the tank for space heating of human living or working space on the
			 premises where the tank is located. "Heating oil tank" includes a
			 decommissioned or abandoned heating oil tank. "Heating oil tank" does not
			 include a tank used solely for industrial process heating purposes or
			 generation of electrical energy.
(4) "MTCA" means the Model Toxics Control
			 Act, chapter 70A.305 RCW and its implementing regulations, chapters 173-340 and
			 173-204 WAC.
(5) "Operator" means
			 any person in control of, or having responsibility for, the daily operation of
			 a heating oil tank.
(6) "Owner"
			 means the person, or his or her authorized representative, legally responsible
			 for a heating oil tank, its contents, and the premises upon which the heating
			 oil tank is located.
(7) "Release"
			 means any intentional or unintentional entry of any hazardous substance into
			 the environment including, but not limited to, a spill, leak, emission, escape,
			 or leaching into the environment.
(8) "Remedial action" has the same meaning as
			 defined in RCW  70A.305.020.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-45 - Reporting and initial investigations › Section 374-45-030 - Reporting a release

Current through Register Vol. 24-14, July 15, 2024
(1) Any owner or
			 operator of a heating oil tank, or owner of the property where a heating oil
			 tank is located, who has information or suspects that heating oil has been
			 released to the environment at the property and may be a threat to human health
			 or the environment must report such information to the agency within 90 days of
			 discovery.
(2) To the extent known,
			 the report to the agency must include:
(a) The
			 identification and address of the release;
(b) Circumstances of the release and the
			 discovery; and
(c) Any remedial
			 actions planned, completed, or underway.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-45 - Reporting and initial investigations › Section 374-45-040 - Initial investigation of a release

Current through Register Vol. 24-14, July 15, 2024
(1) An initial investigation is a review of a
			 reported heating oil tank release by the agency and documentation of reported
			 conditions. The purpose of the initial investigation is to determine:
(a) Whether there has been a release from a
			 heating oil tank that may pose a threat to human health or the
			 environment;
(b) Whether further
			 remedial action is necessary to confirm the release or to address the threat
			 posed by the release under MTCA to protect human health and the
			 environment;
(c) Whether emergency
			 remedial action is necessary to confirm the release or to address the threat
			 posed by the release; and
(d)
			 Whether referral to another authority is appropriate.
Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-60 - Underground storage tank community assistance program › Section 374-60-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to clarify eligibility criteria
				and requirements for the underground storage tank community assistance program
				as set forth in chapter 70.148 RCW.
This chapter recognizes the hardship posed by loss of local
				sources of petroleum products faced by rural and remote communities, local
				governments and rural hospitals due to an inability to meet U.S. Environmental
				Protection Agency and department of ecology regulations and requirements for
				petroleum underground storage tanks. The underground storage tank community
				assistance program will award grants to qualifying privately owned and operated
				sources of petroleum products, local government entities, and rural hospitals
				meeting vital government, public health, education, recreation, or safety needs
				for replacement or upgrading and, if required, clean up of underground
				petroleum storage tank sites.
Statutory Authority:
				  RCW
				  70.148.130. 05-19-080, §
										374-60-010, filed 9/20/05,
				  effective 10/21/05. Statutory Authority: Chapter 70.148 RCW. 91-24-048, §
										374-60-010, 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 374-60-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Agency" means the
			 Washington state pollution liability insurance agency.
(2) "Charity care" means necessary hospital
			 health care rendered to indigent persons, to the extent that the persons are
			 unable to pay for the care or to pay deductibles or co-insurance amounts
			 required by a third party payor, as determined by the Washington state hospital
			 commission. (Defined in RCW 70.39.020.)
(3) "Cleanup" means any remedial action taken
			 that complies with WAC
			 173-340-450 and any remedial
			 action taken at a site to eliminate, render less toxic, stabilize, contain,
			 immobilize, isolate, treat, destroy, or remove a hazardous substance that
			 complies with WAC
			 173-340-360.
(4) "Community assistance program" means the
			 program established by the Washington state legislature under the provision of
			 chapter 70.148 RCW to provide financial assistance grants to:
(a) Private owners and operators of
			 underground petroleum storage tanks;
(b) Local governmental entities;
			 and
(c) Rural hospitals.