Washington Administrative Code

Owners and operators must undertake a change-in-service of an UST system in accordance with the requirements of this section.(1) Notice of intent. Owners and operators must notify the department of their intent to undertake a change-in-service of an UST system at least thirty day…

When directed by the department, owners and operators of the following UST systems must permanently close those systems (decommission and perform site assessments around the systems) in accordance with WAC 173-360A-0810 if the department determines releases from those systems may…

(1) This part establishes a certification program for service providers, specifies the responsibilities of services providers, and identifies which services on UST systems must be performed by certified service providers. The certification program is designed to ensure that the s…

Owners and operators must ensure that:(1) UST system services are performed by or under the direct supervision of a service provider who is certified to perform the services in accordance with WAC 173-360A-0920 and 173-360A-0930;(2) UST system services are performed in accordance…

Owners and operators must ensure that UST system services are performed by or under the direct supervision of a service provider certified in accordance with the requirements of this section. Table 0920-1 identifies the UST system services requiring the use of a service provider …

Owners and operators must ensure that service providers performing UST system services are certified in accordance with the requirements of this section.(1) Installation and repair. To perform or directly supervise UST system services requiring certification in installation and r…

Service providers must comply with the requirements of this section.(1) Certification and records.(a) Service providers must be certified to perform or directly supervise the performance of UST system services in accordance with WAC 173-360A-0920 and 173-360A-0930.(b) Service pro…

(1) This part applies to owners and operators of all UST systems except as otherwise provided in this section.(2) This part does not apply to owners and operators of any exempt UST system described in WAC 173-360A-0110(1).(3) State and federal government entities whose debts and …

For the purposes of this part, the following definitions apply unless the context clearly indicates otherwise.(1) "Accidental release" means any sudden or nonsudden release of regulated substances arising from operating an underground storage tank that results in a need for remed…

(1) General requirement. Except as provided in subsection (2) of this section, an owner or operator must continuously demonstrate financial responsibility for an UST system from the date of its installation until the date of its permanent closure or change-in-service.(2) Suspensi…

(1) Scope. Owners or operators of underground storage tanks must demonstrate financial responsibility for taking remedial action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of underground storag…

(1) For all owners or operators. Subject to the limitation of subsection (3) of this section, an owner or operator, including a local government owner or operator, may use any one or combination of the mechanisms listed in WAC 173-360A-1060 through 173-360A-1067 to demonstrate fi…

(1) Authority. An owner or operator may substitute any alternate financial assurance mechanisms as specified in this part, provided that at all times the owner or operator maintains an effective financial assurance mechanism or combination of mechanisms that satisfies the require…

(1) Authority. Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator.(2) Date of termination.(a) Guarantee, surety bond, or letter of credit.…

(1) Notifying department upon bankruptcy of owners or operators. Within 10 days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming an owner or operator as debtor, the owner or operator must notify the department by certified…

(1) Requirement to maintain evidence. Owners or operators must maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility under this part for an underground storage tank until released from the requirements of this part under WAC 173-360A…

(1) Demonstration of financial responsibility.(a) Upon application for a license. When applying for a license for an underground storage tank, the owner or operator must submit to the department of revenue a copy of the following to demonstrate financial responsibility for the un…

(1) Funding of trust. Except as specified in WAC 173-360A-1055, the department must require the guarantor, surety, or institution issuing a letter of credit to place the amount of funds stipulated by the department, up to the limit of funds provided by the financial assurance mec…

A governmental entity acting as guarantor without a standby trust under WAC 173-360A-1072 (4)(c) or (d) must make payments as directed by the department under the circumstances described in WAC 173-360A-1050 (1) through (3).[Statutory Authority: Chapter 90.76 RCW. WSR 18-15-083 (…

(1) Applicability of mechanism. An owner or operator, and/or guarantor, may satisfy the requirements of WAC 173-360A-1015 by passing a financial test as specified in this section.(2) Financial test requirements. To pass the financial test of self-insurance, the owner or operator,…

(1) Applicability of mechanism. An owner or operator may satisfy the requirements of WAC 173-360A-1015 by obtaining a guarantee that conforms to the requirements of this section.(2) Eligibility of guarantor. The guarantor must be:(a) A firm that:(i) Possesses a controlling intere…

(1) Applicability of mechanism. An owner or operator may satisfy the requirements of WAC 173-360A-1015 by obtaining liability insurance that conforms to the requirements of this section from a qualified insurer or risk retention group. Such insurance may be in the form of a separ…

(1) Applicability of mechanism. An owner or operator may satisfy the requirements of WAC 173-360A-1015 by obtaining a surety bond that conforms to the requirements of this section.(2) Eligibility of surety. The surety company issuing the bond must be among those listed as accepta…

(1) Applicability of mechanism. An owner or operator may satisfy the requirements of WAC 173-360A-1015 by obtaining an irrevocable standby letter of credit that conforms to the requirements of this section.(2) Eligibility of issuing institution. The issuing institution must be an…

(1) Applicability of mechanism. An owner or operator may satisfy the requirements of WAC 173-360A-1015 by establishing a trust fund that conforms to the requirements of this section.(2) Eligibility of trustee. The trustee must be an entity that has the authority to act as a trust…

(1) Applicability of mechanism. An owner or operator using any one of the mechanisms authorized by WAC 173-360A-1061, 173-360A-1063, or 173-360A-1064 must establish a standby trust fund when the mechanism is acquired.(2) Eligibility of trustee. The trustee of the standby trust fu…

(1) Applicability of mechanism. An owner or operator may satisfy the requirements of WAC 173-360A-1015 by obtaining coverage from a state fund or other state assurance program.(2) Evidence of coverage. The state must provide to each owner or operator for which it is assuming fina…

(1) Applicability of mechanism. A local government owner or operator and/or local government serving as a guarantor may satisfy the requirements of WAC 173-360A-1015 by meeting the bond rating test requirements in subsection (2) of this section.(2) Bond rating test requirements.(…

(1) Applicability of mechanism. A local government owner or operator may satisfy the requirements of WAC 173-360A-1015 by passing the financial test specified in this section.(2) Eligibility requirements. To be eligible to use the financial test, the local government owner or ope…

(1) Applicability of mechanism. A local government owner or operator may satisfy the requirements of WAC 173-360A-1015 by obtaining a guarantee that conforms to the requirements of this section.(2) Eligibility of guarantor. The guarantor must be either the state in which the loca…

(1) Applicability of mechanism. A local government owner or operator may satisfy the requirements of WAC 173-360A-1015 by establishing a dedicated fund account that conforms to the requirements of this section.(2) Restrictions on commingled funds. Except as specified in subsectio…

I am the chief financial officer of [insert: name and address of the owner or operator, or guarantor]. This letter is in support of the use of [insert: "the financial test of self-insurance," and/or "guarantee"] to demonstrate financial responsibility for [insert: "taking remedia…

Guarantee made this [date] by name of guaranteeing entity, a business entity organized under the laws of (name of state), herein referred to as Guarantor, to the Washington State Department of Ecology and to any and all third parties, and obligees, on behalf of [owner or operator…

Name: [name of each covered location]Address: [address of each covered location]Policy Number:Period of Coverage: [current policy period]Policy Retroactive Date:Name of [Insurer or Risk Retention Group]:Address of [Insurer or Risk Retention Group]:Name of Insured:Address of Insur…

Name: [name of each covered location]Address: [address of each covered location]Policy Number:Endorsement (if applicable):Period of Coverage: [current policy period]Policy Retroactive Date:Name of [Insurer or Risk Retention Group]:Address of [Insurer or Risk Retention Group]:Name…

Date bond executed:Period of coverage:Principal: [legal name and business address of owner or operator]Type of organization: [insert "individual," "joint venture," "partnership," or "corporation"]State of incorporation (if applicable):Surety(ies): [name(s) and business address(es…

[Name and address of issuing institution][Name and address of the Washington State Department of Ecology]Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No. . . . . in your favor, at the request and for the account of [owner or operator name] of [a…

Trust agreement, the "Agreement," entered into as of [date] by and between [name of the owner or operator], a Washington state [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert "Incorporated in the s…

State of WashingtonCounty ofOn this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the ab…

I am the chief financial officer of [insert: name and address of local government owner or operator, or guarantor]. This letter is in support of the use of the bond rating test to demonstrate financial responsibility for [insert: "taking remedial action" and/or "compensating thir…

I am the chief financial officer of [insert: name and address of local government owner or operator, or guarantor]. This letter is in support of the use of the bond rating test to demonstrate financial responsibility for [insert: "taking remedial action" and/or "compensating thir…

I am the chief financial officer of [insert: name and address of the owner or operator]. This letter is in support of the use of the local government financial test to demonstrate financial responsibility for [insert: "taking remedial action" and/or "compensating third parties fo…

Guarantee made this [date] by [name of state], herein referred to as Guarantor, to the Washington State Department of Ecology and to any and all third parties, and obliges, on behalf of [local government owner or operator].Recitals1. Guarantor is a state.2. [Local government owne…

Guarantee made this [date] by [name of guaranteeing entity], a local government organized under the laws of [name of state], herein referred to as Guarantor, to the Washington State Department of Ecology and to any and all third parties, and obliges, on behalf of [local governmen…

Guarantee made this [date] by [name of state], herein referred to as Guarantor, to the Washington State Department of Ecology and to any and all third parties, and obliges, on behalf of [local government owner or operator].Recitals1. Guarantor is a state.2. [Local government owne…

Guarantee made this [date] by [name of guaranteeing entity], a local government organized under the laws of [name of state], herein referred to as Guarantor, to the Washington State Department of Ecology and to any and all third parties, and obliges, on behalf of [local governmen…

I am the chief financial officer of [insert: name and address of local government owner or operator, or guarantor]. This letter is in support of the use of the local government fund mechanism to demonstrate financial responsibility for [insert: "taking remedial action" and/or "co…

[Owner or operator] hereby certifies that it is in compliance with the requirements of Part 10 of chapter 173-360A WAC.The financial assurance mechanism[s] used to demonstrate financial responsibility under Part 10 of chapter 173-360A WAC is [are] as follows:[For each mechanism, …

The undersigned, as principals and as legal representatives of [insert owner or operator] and [insert name and address of third-party claimant], hereby certify that the claim of bodily injury [and/or] property damage caused by an accidental release arising from operating [owner's…

This regulation is adopted pursuant to chapter 90.52 RCW, the Pollution Disclosure Act of 1971, and chapter 43.21A RCW.[Order 72-26, § 173-40-010, filed 11/27/72.]