(1) The agency may conduct remedial actions to investigate or clean up a release from a petroleum underground storage tank registered under the state financial assurance program if the following conditions are met:

(a) The owner or operator has received, or is eligible to receive, funding for remedial actions under the program; and

(b) The owner or operator provides consent for the agency to:

(i) Conduct the remedial actions; and

(ii) Enter upon the real property to conduct the remedial actions.

(2) The agency may not expend more per occurrence to take remedial action under this section than the financial assurance limits specified in RCW 70A.545.020.