(1) The OSC or designee shall make the following determinations:

(a) Quantity and type of oil spilled;

(b) Extent and location of the spill;

(c) Whether containment of spilled oil was effective within the times specified in WAC 173-183-870 (1)(c) and (d);

(d) Whether spilled oil contacted the shoreline within the times specified in WAC 173-183-870 (1)(c) and (d); and

(e) The amount of oil cleaned up on a daily basis, and in total.

(2) The RDA committee shall allow the potentially liable party an opportunity to submit further information on the determinations made by the OSC in subsection (1) of this section.

(3) The potentially liable party (PLP) may hire an independent expert to determine the volume of oil spilled and recovered, including the volume recovered within the first twenty-four hours for nonpersistent oil and forty-eight hours for persistent oil after spill initiation. The volume determinations made by the independent expert shall be used in calculations of damages under the compensation schedule if the independent expert selected is acceptable to both the PLP and the department. Determinations by the mutually agreed upon independent expert of the quantity of oil spilled and cleaned up shall be provided to the RDA committee chair within sixty days of the spill under consideration.

(4) The OSC shall provide the information enumerated in subsection (1) of this section to the RDA committee chair in a timely manner.