Washington Administrative Code

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 t…

(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 addi…

(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 …

(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 environmenta…

(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 checklis…

(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 e…

(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…

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 tra…

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.[Statutory Authority: RCW 43.21C.120. WSR 20-02-007, § 37…

The purpose of this chapter is to implement those provisions of chapter 42.56 RCW relating to access to public records.[Statutory Authority: Chapter 42.56 RCW. WSR 20-02-005, § 374-20-010, filed 12/18/19, effective 1/18/20. Statutory Authority: RCW 42.17.250. WSR 90-14-019 (Order…

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 pursua…

(1) The agency's mailing address is:Pollution Liability Insurance AgencyState of WashingtonP.O. Box 40930Olympia, Washington 98504-0930The 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 …

(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 als…

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 indexe…

(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 …

(1) No fee shall be charged for the inspection of public records, including inspecting records on the agency's website.(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 …

(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 desig…

(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 …

(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 website www.plia.wa.gov…

(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…

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…

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 …

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…

(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 transfe…

(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 th…

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…

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 i…

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, …

Unless the context requires otherwise, "agency" means the pollution liability insurance agency created pursuant to chapter 70A.325 RCW.[Statutory Authority: RCW 70A.01.010 and 70A.01.020. WSR 22-01-069, § 374-40-020, filed 12/9/21, effective 1/9/22. Statutory Authority: RCW 70.14…

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 …

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 previous…

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 …

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 …

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, heat…

(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 …

(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 …

WAC 374-70-010The pollution liability insurance agency is directed by chapter 70A.330 RCW to transition the heating oil pollution liability insurance program to a revolving loan and grant program which will assist owners and operators of heating oil tanks.[Statutory Authority: RC…

WAC 374-70-020Unless 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 heat…

WAC 374-70-030(1) The director of the pollution liability insurance agency was directed by chapter 70A.330 RCW to establish the heating oil pollution liability insurance program to assist owners and operators of heating oil tanks who were registered in the program, and then to tr…

WAC 374-70-040The director, as the heating oil pollution liability insurance program administrator, obtained 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 insu…

WAC 374-70-050In 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 registered heating oil tank were eligible for coverage under the heating oil pollution liability ins…

WAC 374-70-060(1) The effective date of coverage under the heating oil pollution liability insurance program is January 1, 1996, to June 30, 2025, with an extended reporting period. Corrective action for an accidental release occurring prior to January 1, 1996, is not covered und…

WAC 374-70-070Among 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 heati…

WAC 374-70-080The program provides coverage for a claim submitted for an accidental release from a registered heating oil tank until June 30, 2025, with a 30 day extended reporting period. Claims submitted after July 30, 2025, are not covered under this program.(1) Coverage under…

WAC 374-70-085The program provides coverage for a claim submitted for an accidental release from a registered heating oil tank until June 30, 2025, with a 30 day extended reporting period. Claims submitted and approved prior to July 30, 2025, but administratively closed may be re…

WAC 374-70-090The program provides coverage for a third-party claim submitted for an accidental release from a registered heating oil tank until June 30, 2025, with a 30 day extended reporting period. Claims submitted after July 30, 2025, are not covered under this program.Covera…

WAC 374-70-100(1) Corrective action under this program shall be performed by a heating oil tank service provider. A heating oil tank service provider is an independent contractor hired by the insured to conduct corrective action including excavation, sampling and testing, remedia…

(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;(…

WAC 374-70-130(1) All information related to registration of heating oil tanks obtained during heating oil tank registration shall be confidential and is not subject to public disclosure under chapter 42.56 RCW.(a) Information submitted as part of a claim is not confidential or s…

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 p…