(((1) The purpose of this chapter is to address a solution to the threat posed to human health and the environment by accidental releases of heating oil from heating oil tanks. It is in the best interest of all citizens for heating oil tanks to be operated safely, and for accidental releases or spills to be dealt with expeditiously in order to ensure that the environment, particularly groundwater, and human health are protected. It is also in the best interest of individual heating oil tank owners to protect them from the unexpected liability and potential financial hardship associated with an accidental release from a heating oil tank.

(2))) The pollution liability insurance agency is directed by chapter 70A.330 RCW to ((establish))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.

Unless 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 heating of human living or working space on the premises where the tank is located.

(2) "Accidental release" means a sudden or nonsudden release of heating oil from a heating oil tank or its system that results in bodily injury, property damage, or a need for corrective action, neither expected nor intended by the owner or operator.

(3) "Agency" means the Washington state pollution liability insurance agency established pursuant to chapter 70A.325 RCW and is referred to as PLIA throughout this chapter. For purposes of chapter 70A.330 RCW, agency or PLIA shall also mean staff or employees of the pollution liability insurance agency.

(4) "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death at any time, resulting from the injury, sickness, or disease.

(5) "Claim" means a demand made by a named insured, or the insured's representative, for payment of the benefits provided under the heating oil pollution liability insurance program.

(6)(a) "Corrective action" means those actions reasonably required to be undertaken by the insured to remove, treat, neutralize, contain, or clean up an accidental release in order to comply with a statute, ordinance, rule, regulation, directive, order, or similar legal requirement, in effect at the time of an accidental release, of the United States, the state of Washington, or a political subdivision of the United States or the state of Washington. "Corrective action" includes, where agreed to in writing, in advance by the insurer, action to remove, treat, neutralize, contain, or clean up an accidental release to avert, reduce, or eliminate the liability of the insured for corrective action, bodily injury, or property damage. "Corrective action" also includes actions reasonably necessary to monitor, assess, and evaluate an accidental release.

(b) "Corrective action" does not include:

(i) Removal, replacement or repair of heating oil tanks or other receptacles, except reimbursement of new tank replacement costs in accordance with RCW 70A.330.100;

(ii) Replacement or repair of piping, connections, and valves of tanks or other receptacles; or

(iii) Costs directly associated with tank removal.

(7) "Decommissioned heating oil tank" means a heating oil tank that is no longer connected to an oil-fired furnace used for space heating of human living or working space on the premises where the tank is located and that has been taken out of operation in accordance with the International Fire Code and any pertinent local government requirements.

(8) "Director" means the director of the Washington state pollution liability insurance agency or the director's appointed representative.

(9) "Heating oil" means any petroleum product used for space heating in oil-fired furnaces, heaters, and boilers, including stove oil, diesel fuel, or kerosene. "Heating oil" does not include petroleum products used as fuels in motor vehicles, marine vessels, trains, buses, aircraft, or any off-highway equipment not used for space heating, or for industrial processing or the generation of electrical energy.

(10) "Heating oil tank" means a tank and its connecting pipes, whether above or below ground, or in a basement, with pipes connected to the tank for space heating of human living or working space on the premises where the tank is located. "Heating oil tank" does not include a decommissioned or abandoned heating oil tank, or a tank used solely for industrial process heating purposes or generation of electrical energy.

(11) "Heating oil tank service provider" or "service provider" is an independent contractor ((responsible for))who may be hired by the insured to conduct corrective action including sampling and testing, remedial actions, site restoration, and submittal of required reports to PLIA. A service provider is not a representative, staff, or an employee of the pollution liability insurance agency.

(12) "Insurer" means the commercial insurance company ((providing))who provided pollution liability insurance to PLIA which covered owners of heating oil tanks registered under the heating oil pollution liability insurance program. PLIA is the reinsurer of the commercial insurance company and acts as the designated representative of the insurer for the heating oil pollution liability insurance program.

(13) "MTCA" means the Model Toxics Control Act (chapter 70A.305 RCW).

(14) "Named insured" means the owner of the heating oil tank registered for coverage under the heating oil pollution liability insurance program.

(15) "Occurrence" means an accident, including continuous or repeated exposure to conditions, that results in an accidental release from a heating oil tank.

(16) "Online community" means the cloud-based application and data system used by the agency, the agency's customers, and service providers to submit documentation, report, process, and look up project information.

(17) "Owner" means the person, or his or her authorized representative, legally responsible for a heating oil tank, its contents, and the premises upon which the heating oil tank is located.

(18) "Owner or operator" means a person in control of, or having responsibility for, the daily operation of a heating oil tank.

(19) "Per occurrence, per site, per year" means one accidental release per site, per year.

(20) "Pollution liability insurance agency" (PLIA) means the Washington state pollution liability insurance agency established pursuant to chapter 70A.325 RCW. For purposes of chapter 70A.330 RCW, pollution liability insurance agency shall also mean staff or employees of the pollution liability insurance agency.

(21) "Pollution liability insurance agency trust account" means the pollution liability insurance agency trust account established under chapter 70A.325 RCW and established in the custody of the state treasurer. Expenditures from the account are used for the purposes of chapter 70A.325 RCW including the payment of costs of administering the pollution liability insurance program, and payment of reinsurance claims.

(22) "Property damage" means:

(a) Physical injury to, destruction of, or contamination of tangible property, including the loss of use of the property resulting from the injury, destruction, or contamination; or

(b) Loss of use of tangible property that has not been physically injured, destroyed, or contaminated but has been evacuated, withdrawn from use, or rendered inaccessible because of an accidental release.

(23) "Property damage restoration" means the restoration of property to a similar condition to that of the property prior to the accidental release. Restoration includes the replacement of sod, plants or concrete driveway or walkway, or the replacement of flooring in the case of a basement tank.

(24) "Release" means a spill, leak, emission, escape, or leaching into the environment.

(25) (("Service provider" means an independent contractor or business who provides corrective action to address heating oil tank releases. A service provider is not a representative, staff, or an employee of the pollution liability insurance agency.

(26))) "Third-party claimant" means a person alleged to have suffered property damage requiring corrective action or bodily injury as a direct result of a leak or spill from the heating oil tank of a named insured.

(((27)))(26) "Third-party liability" means the liability of a heating oil tank owner to another person due to property damage requiring corrective action or bodily injury that results from a leak or spill from a heating oil tank.

(1) The director of the pollution liability insurance agency ((is))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((. The agency implements and administers the pollution liability insurance program established by chapter 70A.325 RCW and the heating oil pollution liability insurance program established by chapter 70A.330 RCW))who were registered in the program, and then to transition heating oil tank owners and operators from the program into the loan and grant program in chapter 70A.345 RCW.

(2) The location of the principal office and the mailing address of the agency is:

Pollution Liability Insurance Agency

Washington State

P.O. Box 40930

Olympia, WA 98504-0930

(3) The principal administrative and appointing officer of the agency is the director. The director may designate other employees of the agency to act in ((his or her))their behalf in the director's absence or with respect to those matters in which so doing would enhance the efficiency of the agency's operations.

(4) In administering the heating oil pollution liability insurance program, PLIA acts as the designated representative of the insurer ((providing))who provided pollution liability insurance to owners of registered heating oil tanks.

The director, as the heating oil pollution liability insurance program administrator, ((is responsible for obtaining))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 insurance policy ((will provide))was a claims made and reported policy, which provided up to $60,000 coverage, ((including reinsurance,)) per occurrence, per site, per year and ((shall be))was in excess of other valid insurance and warranties. ((The policy will be reinsured through the pollution liability insurance agency trust account.))

In 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 ((are))were eligible for coverage under the heating oil pollution liability insurance ((program)). The heating oil pollution liability insurance policy coverage ended on June 30, 2025, with an extended reporting period of 30 days, which allowed for a claim to be made until July 30, 2025.

(1) ((Participation in the heating oil pollution liability insurance program is optional for heating oil tank owners with heating oil tank registrations in place before July 2, 2020.))Claims made for a nonregistered heating oil tank are not eligible for coverage under this program.

(2) Claims made for a registered heating oil tank after the extended reporting period are not eligible for coverage under this program.

(3) Claims made for an abandoned or decommissioned heating oil tank((s)) are not eligible for coverage under ((the heating oil pollution liability insurance program, except as described in WAC 374-70-080(4) and 374-70-090(4)))this program if the claim is made after the extended reporting period.

(((3)))(4) Claims made by an individual who is not the individual who registered the heating oil tank are not eligible for coverage under this program. Registration of the heating oil tank in the heating oil pollution liability insurance program must be in the name of the current owner of the property where the registered heating oil tank is located. ((In the event of a property ownership transfer, the new property owner must submit an updated registration form within 180 calendar days of the property ownership transfer in order to maintain the registration. The date of the property ownership transfer will be considered the first day of the 180 calendar days. If the new owner does not register within 180 calendar days, the registration will end.

(4) If a claim for coverage under WAC 374-70-080 or 374-70-090 is submitted within 180 calendar days after the property is transferred, and before the new owner has submitted an updated registration, the new owner will be deemed to be the named insured for the purposes of this chapter.))

(5) PLIA reserves the right to perform an independent investigation to verify the eligibility of a heating oil tank. All investigative costs will be the responsibility of PLIA.

(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 ((this effective date will))January 1, 1996, is not ((be)) covered under ((the))this program. Corrective action for an accidental release occurring after June 30, 2025, will not be covered under this program.

(2) The heating oil pollution liability insurance program provides coverage for corrective action costs up to $60,000 per occurrence, per site, per year, exclusive of other valid insurance or warranties.

(3) ((Corrective action))Costs covered under the heating oil pollution liability insurance program include:

(a) Corrective action if the accidental release occurs after the registration of a heating oil tank and before June 30, 2025, and was a claim made under this program;

(b) Actions necessary to determine the extent and severity of an accidental release;

(c) Costs, not to exceed $60,000 per occurrence, per site, per year;

(d) Costs in excess of other valid insurance or warranties;

(e) Third-party property damage restoration, including landscaping, limited to $1,500 for each third-party claimant per occurrence, per site, per year;

(f) Excavation, treatment and/or removal and proper disposal of any soil or water contaminated by the accidental release and proper disposal of nonrepairable heating oil tank or tanks;

(g) Required soil and water sampling and testing to determine if corrective action standards have been met; and

(h) Reimbursement of new tank replacement costs in accordance with RCW 70A.330.100.

(4) ((Corrective action))Costs not covered under the heating oil pollution liability insurance program include:

(a) Corrective action if the accidental release occurred prior to the registration of a heating oil tank or after June 30, 2025;

(b) Any costs if the accidental release is not covered by the claim made to the agency;

(c) Costs covered by other valid insurance or warranties;

(((c)))(d) Costs in excess of $60,000 per occurrence, per site, per year, exclusive of other valid insurance or warranties;

(((d)))(e) Cleanup of contamination from other sources;

(((e)))(f) Removal, repair or replacement of the heating oil tank, lines, or furnace, except reimbursement of new tank replacement costs in accordance with RCW 70A.330.100;

(((f)))(g) Emergency heat restoration procedures;

(((g)))(h) Cleanup of a site beyond the MTCA cleanup levels or requirements;

(((h)))(i) Corrective action associated with an abandoned or decommissioned heating oil tank or site;

(((i)))(j) Corrective action to address releases or damage to the heating oil tank or its system or surrounding property caused by a service provider or contractor;

(((j)))(k) Corrective action performed by a service provider whose principal is also the named property owner of the registered heating oil tank;

(((k)))(l) Costs associated with landscaping and surface restoration in excess of previous conditions for the property of the named insured;

(((l)))(m) Costs associated with property restoration that are not deemed essential to personal safety or are in excess of previous conditions at the site;

(((m)))(n) Third-party property damage restoration, including landscaping, in excess of $1,500 for each third-party claimant per occurrence, per site, per year; and

(((n)))(o) Defense costs, including the costs of legal representation, expert fees, and related costs and expenses incurred in defending against claims or actions brought by or on behalf of:

(i) The United States, the state of Washington, or a political subdivision of the United States or state of Washington to require corrective action or to recover costs of corrective action; or

(ii) A third party for bodily injury or property damage caused by an accidental release.

(5) If a claim exceeds $60,000 in total damages, coverage within the $60,000 policy limit shall be on a pro rata basis between the insured heating oil tank owner and third-party claimant(s).

(6) A claim will be accepted for coverage only after the named insured provides PLIA with documentation which confirms the existence of an accidental release which is eligible for coverage under these rules. PLIA reserves the right to perform an investigation including, but not limited to, soil sample testing, to confirm a release.

Among 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 heating oil tank service providers.

(1) Heating oil tank owner or operator. All liabilities caused by an accidental release originating from a heating oil tank are the sole responsibility of the heating oil tank owner or operator. The pollution liability insurance agency and/or the state of Washington accepts no liability, nor portion of the liability, from the heating oil tank owner or operator.

(a) The heating oil tank operator may submit forms to PLIA on behalf of the owner, however, no corrective action may be performed without the specific written consent of the heating oil tank owner.

(b) The heating oil tank owner or operator is responsible for notifying the heating oil supplier in the case of a suspected accidental release and investigating the source and extent of the suspected accidental release.

(c) The heating oil tank owner is responsible for providing documentation to PLIA that pollution liability coverage will not be provided by the homeowner's insurer.

(d) If corrective action is implemented, the heating oil tank owner is responsible for selecting a service provider ((approved by the insurer)) and approving the completed corrective action.

(2) Adjacent property owners. If an accidental release migrates offsite, or is suspected to have migrated, the adjacent property owner may be involved in the corrective action. In this situation, the heating oil tank owner or operator shall notify PLIA of the occurrence and provide the adjacent property owner's name, address and telephone number.

(3) Heating oil supplier. Some heating oil suppliers provide customer services which may be a resource to evaluate a suspected accidental release to the environment. If after investigating a heating system malfunction, a heating oil supplier determines that an accidental release may have occurred, the heating oil supplier should inform the owner or operator of the accidental release.

(4) PLIA acts as the designated representative of the insurer for purposes of the heating oil pollution liability insurance program. PLIA provides informal advice and technical assistance to heating oil tank owners and operators (chapter 374-80 WAC), ((provides listings of service providers approved by the insurer,)) manages claims for the insurer and provides ((certification))documentation that a claim is closed.

(5) Third-party administrator. PLIA may appoint a third-party administrator to assist in monitoring, investigation and corrective action.

(6) Department of ecology. The department of ecology administers statewide laws and rules detailing MTCA cleanup standards ((for both soil and groundwater)). To be an eligible ((for coverage under))cost covered by the heating oil pollution liability insurance program, corrective action must satisfy MTCA and ((pertinent))applicable local government requirements.

(7) Heating oil tank service provider. A heating oil tank service provider is an independent contractor who contracts with the heating oil tank owner to perform corrective action, and meets the requirements detailed in WAC 374-70-100.

(1) Coverage under the heating oil pollution liability insurance program shall be in excess of other valid insurance and warranties. Payment of a claim will be made only if the cleanup of contamination resulting from an accidental release is not covered by other valid insurance and warranties.

(2) Corrective action will be accomplished by the most cost-effective method available. To receive payment from the heating oil pollution liability insurance program for covered ((corrective action)) costs, the following actions are required:

(((1)))(a) The claim must be for corrective action resulting from an accidental release from a heating oil tank which has been registered with PLIA prior to the accidental release and where the release occurred before June 30, 2025;

(b) The claim must be received by PLIA prior to July 30, 2025;

(((2)))(c) The claim must satisfy all requirements and restrictions established by chapter 70A.330 RCW and this chapter. Any failure to satisfy all requirements and restrictions may be a basis for denial of claim;

(((3) The heating oil tank owner or operator must provide notice to PLIA that a potential claim exists as soon as practicable after discovery that an accidental release may have occurred;

(9) The heating oil tank service provider will notify PLIA of selection by the heating oil tank owner. PLIA will inform))(d) The heating oil tank operator may submit reports and forms on behalf of the heating oil tank owner; however, no corrective action will be initiated or performed without the specific written consent of the heating oil tank owner;

(d) The heating oil tank service provider ((of))must use the following forms ((to be used and)) which are accessed through the online community:

(((a)))(i) Scope of work proposal. This form will provide the heating oil tank owner or operator and PLIA the site characterization and proposal of the extent and elements of corrective action to include analytical samples, as well as a specific cost proposal;

(((b) Change order))(ii) Work plan amendment. This form provides a proposal for change or deviation from the scope of work proposal;

(((c) Project field))(iii) Site characterization report. This form provides a record of all corrective action and work elements, as well as a record of detailed costs. The ((project field))site characterization report must include color photographs of the project at commencement, completion, and any significant steps in between, as well as appropriate project sketches and/or plans; and

(((d)))(iv) Closeout report. This will include a project closeout form, final cleanup report, and ((corrective action cost claim. The closeout report may serve as the closure of the claim under this program;

(10)))final invoice.

(e) The heating oil tank service provider will submit ((for approval)), via the online community documents, a scope of work proposal for corrective action at the heating oil tank site first to the heating oil tank owner or operator for approval and then to PLIA ((a scope of work proposal for corrective action at the heating oil tank site))for approval;

(((11)))(f) Upon receipt of approval by the heating oil tank owner and PLIA of the scope of work proposal, the heating oil tank service provider may commence work to accomplish corrective action(s);

(((12) All work performed by the heating oil tank service provider on behalf of the heating oil tank owner or operator and PLIA must be within the terms of the contract and the approved scope of work proposal and shall not exceed costs included in the scope of work proposal. Any change(s) or deviation(s) from the approved scope of work proposal must be accomplished through a change order request which must be approved in advance by the heating oil tank owner or operator and then PLIA. Any work performed by the heating oil tank service provider that has not been approved, prior to performance, by the heating oil tank owner or operator and/or PLIA or is beyond the terms of the scope of work proposal or change order(s), or is in excess of costs approved in the scope of work proposal or change order(s), will not be paid or reimbursed under the heating oil pollution liability insurance program. Such work or excess costs will be the responsibility of the heating oil tank owner and/or heating oil tank service provider;

(13)))(g) Corrective action activities and costs must be recorded by the heating oil tank service provider on the ((project field))site characterization report form in the online community;

(((14)))(h) Upon completion of all corrective action, the heating oil tank owner must sign the project closeout report ((indicating))or indicate approval ((of and satisfaction))via the online community, which states they are approving of and satisfied with all work performed by the heating oil tank service provider;

(((15)))(i) Upon completion of corrective action and approval by the heating oil tank owner, the heating oil tank service provider must submit to PLIA a complete ((claim report))closeout report and final invoice;

(((16)))(j) Upon completion of corrective action that ((appears to satisfy))satisfies the requirements of all applicable state and local statutes, the ((director))agency will ((certify))document that the claim has been closed((;)).

(((17)))(4) All work performed by the heating oil tank service provider on behalf of the heating oil tank owner or operator and PLIA must be within the terms of the contract and the approved scope of work proposal and shall not exceed costs included in the scope of work proposal. Any change(s) or deviation(s) from the approved scope of work proposal must be accomplished through a work plan amendment request which must be approved in advance by the heating oil tank owner or operator and then PLIA. Any work performed by the heating oil tank service provider that has not been approved, prior to performance, by the heating oil tank owner or operator and/or PLIA or is beyond the terms of the scope of work proposal or work plan amendment(s), or is in excess of costs approved in the scope of work proposal or work plan amendment(s), will not be paid or reimbursed under the heating oil pollution liability insurance program. Such work or excess costs will be the responsibility of the heating oil tank service provider.

(5) If a notice of potential claim has been filed and approved by PLIA but no work commenced within ((12))six months, then PLIA may close the claim for inactivity, and the registered owner must request reopening of the claim from PLIA((;)). If work at the property (e.g., invoices submitted, work plans submitted) stops for a consecutive six months, then PLIA may close the claim for inactivity, and the registered owner must again request reopening of the claim from PLIA.

(((18)))(6) Approval of claims and payment of covered costs are contingent upon the availability of revenue. The director reserves the right to defer payment at any time that claim demands exceed the statutory limit provided in RCW 70A.330.040(1) and to develop a plan on resuming payments. Payment will commence with sufficient revenue((;)).

(((19)))(7) PLIA will maintain all records associated with a claim for a period of 10 years((; and)).

(((20)))(8) In the case of an emergency, the director may authorize deviation from this procedure to the extent necessary to adequately respond to the emergency.

The 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 reopened using the following process:

(1) The reopened claim coverage is for the corrective action resulting from an accidental release from a heating oil tank at the time the claim was made. The reopened claim does not cover costs associated with a new release. Where a new release has commingled with the release associated with a claim, the insurance coverage will be provided for the percentage of the costs aligned with the claim release;

(2) The reopened claim must satisfy all requirements and restrictions established by chapter 70A.330 RCW and this chapter. Any failure to satisfy all requirements and restrictions may be a basis for denial of further work under the claim;

(3) The heating oil tank owner or operator must provide notice to PLIA that they wish to reopen a claim and then attend a claim review meeting with PLIA. PLIA recommends attending a claim review meeting before filing a notice of reopening claim. However, a meeting must occur before PLIA will issue a reopened claim determination. A claim may only be reopened by the heating oil tank owner or operator who filed the original claim;

(a) The reopened claim will only address contamination from the release reported in the claim. At PLIA's request the heating oil tank owner or operator must submit documentation to prove by clear, cogent, and convincing evidence the contamination is associated with the claim's release of heating oil as part of the notice of reopening claim. A laboratory reported opinion on chromatograms may be used to age date a diesel sample;

(b) Where a claim has been closed due to completion of a MTCA remedial action, the heating oil tank owner or operator must show to PLIA by clear, cogent, and convincing evidence that the reopened claim is necessary to meet MTCA standards and to be protective of human health and the environment;

(4) A reopened claim does not in any way increase the limits of the insurance policy. The reopened claim will be limited to eligible cost of up to $60,000 minus any costs already paid out under the claim;

(5) PLIA will review notice of a reopened claim, and upon approval, the heating oil tank owner will select a heating oil tank service provider and provide notice of the selection to PLIA. PLIA will inform the heating oil tank owner if the heating oil tank service provider is ineligible to work in the heating oil insurance program;

(a) The heating oil tank operator may submit reports and forms on behalf of the heating oil tank owner; however, no corrective action will be initiated or performed without the specific written consent of the heating oil tank owner;

(b) The following forms must be used by the heating oil service provider for work in the heating oil insurance program. The forms are accessed through the online community:

(i) Scope of work proposal. This form will provide the heating oil tank owner or operator and PLIA the site characterization and proposal of the extent and elements of corrective action to include analytical samples, as well as a specific cost proposal;

(ii) Work plan amendment. This form provides a proposal for change or deviation from the scope of work proposal;

(iii) Site characterization report. This form provides a record of all corrective action and work elements, as well as a record of detailed costs. The site characterization report must include color photographs of the project at commencement, completion, and any significant steps in between, as well as appropriate project sketches and/or plans; and

(iv) Closeout report. This will include a project closeout form, final cleanup report, and final invoice;

(c) The heating oil tank service provider will submit via the online community a scope of work proposal for corrective action at the heating oil tank site, first to the heating oil tank owner or operator for their approval and then to PLIA;

(d) Upon receipt of approval by the heating oil tank owner and PLIA of the scope of work proposal, the heating oil tank service provider may commence work to accomplish corrective action(s);

(e) Corrective action activities and costs must be recorded by the heating oil tank service provider on the site characterization report form in the online community;

(f) Upon completion of all corrective action, the heating oil tank owner must sign the project closeout report or indicate approval via the online community, which states they are approving of and satisfied with all work performed by the heating oil tank service provider;

(g) Upon completion of corrective action and approval by the heating oil tank owner, the heating oil tank service provider must submit to PLIA a complete closeout report and final invoice;

(h) Upon completion of corrective action that satisfies the requirements of all applicable state and local statutes, the director will document that the claim has been closed;

(6) All work performed by the heating oil tank service provider on behalf of the heating oil tank owner or operator and PLIA must be within the terms of the contract and the approved scope of work proposal and shall not exceed costs included in the scope of work proposal. Any change(s) or deviation(s) from the approved scope of work proposal must be accomplished through a work plan amendment request which must be approved in advance by the heating oil tank owner or operator and then PLIA. Any work performed by the heating oil tank service provider that has not been approved, prior to performance, by the heating oil tank owner or operator and/or PLIA or is beyond the terms of the scope of work proposal or work plan amendment(s), or is in excess of costs approved in the scope of work proposal or work plan amendment(s), will not be paid or reimbursed under the heating oil pollution liability insurance program. Such work or excess costs will be the responsibility of the heating oil tank service provider;

(7) If a notice of reopened claim has been filed and approved by PLIA but no work commenced within six months, then PLIA may close the claim for inactivity, and the registered owner must again request reopening of the claim from PLIA. If work at the property (e.g., invoices submitted, work plans submitted) stops for a consecutive six months, then PLIA may close the claim for inactivity, and the registered owner must again request reopening of the claim from PLIA;

(8) Approval of claims and payment of covered costs are contingent upon the availability of state funding. The director reserves the right to defer payment at any time that claim demands exceed the statutory limit provided in RCW 70A.330.040(1) and to develop a plan on resuming payments. Payment will commence with sufficient state funding;

(9) PLIA will maintain all records associated with a claim for a period of 10 years; and

(10) In the case of an emergency, the director may authorize deviation from this procedure to the extent necessary to adequately respond to the emergency.

Coverage for a third-party claim under the heating oil pollution liability insurance program shall be in excess of other valid insurance and warranties. Payment of a third-party claim will be made only if the cleanup of contamination resulting from an accidental release is not covered by other valid insurance and warranties. Corrective action will be accomplished by the most cost-effective method available. For a third party to receive payment from the heating oil pollution liability insurance program for covered corrective action costs, the following actions are required:

(1) The third-party claim must be for corrective action resulting from an accidental release from a heating oil tank which has been registered with PLIA prior to the accidental release, where the accidental release occurred prior to June 30, 2025, and the claim was filed prior to July 30, 2025;

(2) The claim must satisfy all requirements and restrictions established for third-party claims by chapter 70A.330 RCW and this chapter. Any failure to satisfy all requirements and restrictions may be a basis for denial of claim;

(3) The third-party claimant must provide notice to PLIA that a potential third-party claim may exist as soon as practicable after discovery that damage may have occurred from an accidental release from a named insured's heating oil tank;

(4) ((The claim must be submitted to PLIA as soon as practicable but no later than 180 days after the date a registered heating oil tank is abandoned or decommissioned;

(5))) Upon receipt of notice of a potential claim, PLIA will commence completion of the notice of claim;

(((6)))(5) If an accidental release from a named insured's heating oil tank has been confirmed as impacting the third-party claimant, PLIA, as designated representative of the insurer will initiate an investigation to determine the source of the contamination. Investigation will be performed by PLIA or a designated representative approved by the insurer. PLIA may also assist the named insured heating oil tank owner in determining if the insured's homeowner's insurance provides coverage for third-party damage. The third-party claimant shall cooperate fully with the investigator and provide any information or access necessary to complete the investigation;

(((7)))(6) If the claim is determined by PLIA to be valid, the third-party claimant will be notified by PLIA to select ((an approved))a heating oil tank service provider to perform corrective action((;

(18) In the case of an emergency, the director may authorize deviation from this procedure to the extent necessary to adequately respond to the emergency.)). PLIA will inform the heating oil tank owner if the heating oil tank service provider is ineligible to work in the heating oil insurance program;

(1) ((All))Corrective action under this program shall be performed by ((insurer approved))a heating oil tank service provider((s)). A heating oil tank service provider is an independent contractor ((responsible for))hired by the insured to conduct corrective action including excavation, sampling and testing, remedial actions, site restoration, and submittal of required reports to PLIA. The contractual agreement is between the heating oil service provider and the registered heating oil tank owner.

(2) PLIA does not approve or endorse any company considered to be a heating oil tank service provider. Heating oil tank service providers are required to sign an agreement with PLIA that the provider and its employees (including subcontractors) will adhere to the terms and conditions detailed in the program's service provider agreement and to renew this agreement annually.

(((a) PLIA provides a list of heating oil tank service providers on PLIA's website. This list is reviewed and updated regularly.

(b)))(3) Any service provider ((suspended or terminated due to violation))who does not follow the terms of the service provider agreement is ((prohibited from participating))ineligible to participate in the heating oil insurance program.

(((3)))(a) In addition to noncompliance with any of the terms in the service provider agreement, the following events may be grounds for being ineligible to participate in the heating oil insurance program:

(4) Once retained by the named insured or the third-party claimant, the heating oil tank service provider works with ((the insurer, PLIA, as the insurer's designated representative,))PLIA, the heating oil tank owner or operator and/or the third-party claimant to:

(a) Perform the corrective action;

(b) Document the costs of the corrective action; and

(c) File the forms required through the online community to receive payment from the heating oil pollution liability insurance program.

(((4)))(5) All heating oil tank service providers must follow claims procedures as outlined in WAC 374-70-080 and 374-70-085.

(((5) Whenever possible,))All corrective action activities must meet the criteria established by MTCA and any pertinent local ordinances or requirements.

(1) All information related to registration of heating oil tanks obtained during heating oil tank registration shall be confidential and ((may))is not ((be)) subject to public disclosure under chapter ((42.17))42.56 RCW.

(2) All examination and proprietary reports and information obtained in soliciting bids from insurers and in monitoring the selected insurer shall be confidential and may not be made public or otherwise disclosed to any person, firm, corporation, agency, association, government body, or other entity.