# RCW 70A.545.020: RCW 70A.545.020: State financial assurance program > Washington · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S020 ## Section - **Citation:** RCW 70A.545.020 - **Heading:** RCW 70A.545.020: State financial assurance program - **Jurisdiction:** Washington - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Washington Code / Title 70A / Chapter 545 / Section 020 ## Text (1) The agency must establish and administer a state financial assurance program for owners and operators of petroleum underground storage tanks that meets the financial responsibility requirements established under chapter 70A.355 RCW. (2) To participate in the program, an owner or operator must register a petroleum underground storage tank in accordance with procedures established by the agency and maintain compliance with the program eligibility requirements established by the agency. The agency may remove from the program any owner or operator who fails to maintain compliance with the program eligibility requirements. (3) The agency may conduct an assessment of a registered petroleum underground storage tank facility and any release from the petroleum underground storage tank to determine program or cost eligibility. If an owner or operator does not allow an assessment, the agency may remove the owner or operator from the program or deny requests for payment under the program. (4) Under the program, the agency may provide an eligible owner or operator of a registered petroleum underground storage tank the following financial assurances: (a) For releases occurring after tank registration, up to $2,000,000 per occurrence for taking remedial action and for compensating third parties for bodily injury and property damage caused by the release during the time the tank is registered by the owner or operator; and (b) For releases occurring prior to tank registration, up to $1,000,000 per occurrence for taking remedial action. (5) Under the program, the agency may not expend more than $3,000,000 per state fiscal year for multiple occurrences involving a single petroleum underground storage tank. (6) The agency may prioritize funding for a release under the program based on the following factors: (a) The threats posed by the release to human health and the environment; (b) Whether the population threatened by the release may include a vulnerable population or an overburdened community as defined in RCW 70A.02.010 ; and (c) Other factors specified by the agency. (7) Claims for remedial action costs will receive priority over payment of a third-party claim. Before funding any third-party claim resulting from a release under the program, the agency must reserve the estimated cost of any remedial actions necessary to address the release, and if funding is remaining then payment may be made on an eligible third-party claim. (8) Funding for remedial actions and third-party claims under the program is limited to the reasonable and necessary eligible costs established by the agency. (a) For remedial actions, the agency may establish a range of eligible costs or base payment of eligible costs on criteria to be met by persons who contract to perform remedial actions. (b) The agency is not liable for any costs for remedial actions or third-party claims under the program where no owner or operator exists. (9) The agency may require an agency representative to be present during the removal of a registered petroleum underground storage tank. If an owner or operator does not allow an agency representative to be present during the removal or does not comply with procedures established by the agency, the agency may deny requests for payment of tank removal costs under the program. ## Nearby sections - [RCW 70A.545.005 RCW 70A.545.005: Purpose of chapter.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S005.md) - [RCW 70A.545.010 RCW 70A.545.010: Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S010.md) - [RCW 70A.545.020 RCW 70A.545.020: State financial assurance program.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S020.md) - [RCW 70A.545.030 RCW 70A.545.030: Fee to recover cost of program administration.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S030.md) - [RCW 70A.545.040 RCW 70A.545.040: Return of payments to agency.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S040.md) - [RCW 70A.545.050 RCW 70A.545.050: Remedial actions—Required conditions.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S050.md) - [RCW 70A.545.060 RCW 70A.545.060: Remedial actions on unregistered storage tanks—Required conditions.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S060.md) - [RCW 70A.545.070 RCW 70A.545.070: Liens authorized—Process.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S070.md) - [RCW 70A.545.080 RCW 70A.545.080: Deposit of moneys into the pollution liability insurance program trust account.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S080.md) - [RCW 70A.545.090 RCW 70A.545.090: Agency's duty to monitor program.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S090.md) - [RCW 70A.545.100 RCW 70A.545.100: Rule-making authority—Agency—Department of ecology.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S100.md) - [RCW 70A.545.110 RCW 70A.545.110: Review of agency decisions.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S110.md) - [RCW 70A.545.120 RCW 70A.545.120: Limitation of liability/responsibility.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S120.md) - [RCW 70A.545.130 RCW 70A.545.130: Immunity from civil liability.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S130.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S020. 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