# WAC 374-10-060: WAC 374-10-060. Financial assurance coverage

> Washington · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_374_10_060

## Section

- **Citation:** WAC 374-10-060
- **Heading:** WAC 374-10-060. Financial assurance coverage
- **Jurisdiction:** Washington
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Administrative Code / Title 374 / Chapter 374-10 / Section 374-10-060

## Text

(1) Release from the petroleum underground storage tank after enrollment.
(a) The program will provide financial assurance funds of up to $2,000,000, per tank, for remedial action costs to address a release that occurs after enrollment from a petroleum underground storage tank system, and any other petroleum releases which may be occurring simultaneously at the facility at which the petroleum underground storage tank is located.
A third-party claim will be distributed from these funds. PLIA will determine the timing of any eligible third-party claim payment.
(b) If there is a dispute with the agency determination on timing of the release, the owner or operator must show by clear, cogent, and convincing evidence that a release occurred prior to enrollment.
(c) Failure to provide the agency with a property access agreement from the property owner where the petroleum underground storage tank is located will result in denial of financial assurance funds.
(2) Release from a petroleum underground storage tank prior to enrollment.
(a) The program will provide funds of up to $1,000,000 for remedial action costs to address all releases from a petroleum underground storage tank system that occurred prior to enrollment.
(b) If there is a dispute with the agency determination on timing of the release, the owner or operator must show by clear, cogent, and convincing evidence that a release occurred post enrollment.
(c) Financial assurance funds provided under this subsection will be subject to cost recovery.
(3) Financial assurance coverage shall not exceed $3,000,000 per state fiscal year for multiple occurrences involving a single petroleum underground storage tank.
(4) Priority coverage.
(a) Per RCW 70A.545.020 (7), funding for remedial action is prioritized over third-party costs. The agency must reserve the estimated costs of necessary remedial actions, and then payment may be made on eligible third-party costs.
surance coverage shall not exceed $3,000,000 per state fiscal year for multiple occurrences involving a single petroleum underground storage tank.
(4) Priority coverage.
(a) Per RCW 70A.545.020 (7), funding for remedial action is prioritized over third-party costs. The agency must reserve the estimated costs of necessary remedial actions, and then payment may be made on eligible third-party costs.
(b) Per RCW 70A.545.020 (6), the agency may prioritize program funding for investigations and remedial actions deemed necessary to address:
(i) An emergency which threatens human health or the environment; or
(ii) A population threatened by the release that includes an overburdened community, as defined in RCW 70A.02.010 (11), or a vulnerable population, as defined in RCW 70A.02.010 (14).
(c) The director may prioritize funding at their discretion using factors specified in guidance.
(5) Once a no further action letter is issued by the agency's technical assistance program for the release from the enrolled petroleum underground storage tank, the financial assurance coverage is complete, and funding will no longer be available.

## Nearby sections

- [WAC 374-10-010 WAC 374-10-010. Purpose](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_374_10_010.md)
- [WAC 374-10-020 WAC 374-10-020. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_374_10_020.md)
- [WAC 374-10-030 WAC 374-10-030. Eligibility for financial assurance](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_374_10_030.md)
- [WAC 374-10-040 WAC 374-10-040. Application, enrollment, and fees](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_374_10_040.md)
- [WAC 374-10-050 WAC 374-10-050. Cancellation of enrollment](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_374_10_050.md)
- [WAC 374-10-060 WAC 374-10-060. Financial assurance coverage](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_374_10_060.md)
- [WAC 374-10-070 WAC 374-10-070. Financial assurance request](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_374_10_070.md)
- [WAC 374-10-080 WAC 374-10-080. Eligible third-party claims](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_374_10_080.md)
- [WAC 374-10-090 WAC 374-10-090. Eligible and ineligible costs](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_374_10_090.md)
- [WAC 374-10-100 WAC 374-10-100. Agency-led remediation](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_374_10_100.md)
- [WAC 374-10-110 WAC 374-10-110. Cost recovery](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_374_10_110.md)
- [WAC 374-10-120 WAC 374-10-120. Overpayments](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_374_10_120.md)
- [WAC 374-10-130 WAC 374-10-130. Fraud and material omissions](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_374_10_130.md)
- [WAC 374-10-140 WAC 374-10-140. Review of initial agency decisions](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_374_10_140.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_374_10_060. Check the current official text before relying on it. Not legal advice.