Title 70A — Title 70A ENVIRONMENTAL HEALTH AND SAFETY

(1) The legislature finds that:(a) Final regulations adopted by the United States environmental protection agency (EPA) require owners and operators of underground petroleum storage tanks to demonstrate financial responsibility for accidental releases of petroleum as a preconditi…

Unless the context requires otherwise, the definitions in this section apply throughout this chapter.(1) "Accidental release" means any sudden or nonsudden release of petroleum arising from operating an underground storage tank that results in a need for corrective action, bodily…

(1) The pollution liability insurance program trust account is established in the custody of the state treasurer.(a) The following moneys must be deposited in the account:(i) All moneys specified in RCW 82.23A.020 for deposit into the account;(ii) All moneys appropriated to carry…

The director shall provide reinsurance through the pollution liability insurance program trust account to the heating oil pollution liability protection program under chapter 70A.330 RCW.[ 2020 c 20 s 1384; 1995 c 20 s 12. Formerly RCW 70.148.025.]

(1) The Washington pollution liability insurance program is created as an independent agency of the state. The administrative head and appointing authority of the program shall be the director who shall be appointed by the governor, with the consent of the senate, and shall serve…

The director may design the program to cover the costs incurred in determining whether a proposed applicant for pollution insurance under the program meets the underwriting standards of the insurer. In covering such costs the director shall consider the financial resources of the…

The director may adopt rules consistent with this chapter to carry out the purposes of this chapter. All rules shall be adopted in accordance with chapter 34.05 RCW.[ 1990 c 64 s 5; 1989 c 383 s 5. Formerly RCW 70.148.040.]

The director has the following powers and duties:(1) To design and from time to time revise a reinsurance contract providing coverage to an insurer meeting the requirements of this chapter. Before initially entering into a reinsurance contract, the director shall prepare an actua…

(1) All information except for proprietary reports or information obtained by the director and the director's staff in soliciting bids from insurers and in monitoring the insurer selected by the director shall be made public or otherwise disclosed to any person, firm, corporation…

(1) In selecting an insurer to provide pollution liability insurance coverage to owners and operators of underground storage tanks, the director shall evaluate bids based upon criteria established by the director that shall include:(a) The insurer's ability to underwrite pollutio…

If the insurer cancels or refuses to issue or renew a policy, the affected owner or operator may appeal the insurer's decision to the director. The director shall conduct a brief adjudicative proceeding under chapter 34.05 RCW.[ 1990 c 64 s 9; 1989 c 383 s 9. Formerly RCW 70.148.…

(1) The activities and operations of the program are exempt from the provisions and requirements of Title 48 RCW.(2) To the extent of their participation in the program, the activities and operations of the insurer selected by the director to provide liability insurance coverage …

The legislature reserves the right to amend or repeal all or any part of this chapter at any time, and there is no vested right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or any acts done under it exist subjec…

(1) The director may implement an emergency program, as designed under RCW 70A.325.070.(2) At the legislative session following implementation of an emergency program, the director must provide to the legislature a report on the options available to assist owners and operators in…

This chapter expires July 1, 2030.[ 2016 c 161 s 16; 2012 1st sp.s. c 3 s 2; 2006 c 276 s 3; 2000 c 16 s 1; 1995 c 12 s 2; 1989 c 383 s 13. Formerly RCW 70.148.900.]Notes:Effective date—1995 c 12: See note following RCW 70A.325.070.