# RCW 70A.545.040: RCW 70A.545.040: Return of payments to agency > Washington · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T70A_C545_S040 ## Section - **Citation:** RCW 70A.545.040 - **Heading:** RCW 70A.545.040: Return of payments to agency - **Jurisdiction:** Washington - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Washington Code / Title 70A / Chapter 545 / Section 040 ## Text (1) The agency may require an owner or operator to return any cost overpayment made by the agency under this chapter. If the cost overpayment is not returned upon request by the agency: (a) The agency may file a lien on the petroleum underground storage tank facility or other property owned by the owner or operator under RCW 70A.545.070 to recover the cost overpayment; and (b) The attorney general, at the request of the agency, may commence a civil action against the owner or operator in superior court to recover the cost overpayment and the agency's administrative and legal expenses to recover the cost overpayment. (2) The agency may require an owner or operator to return any cost payment made by the agency under this chapter if the owner or operator misrepresents or omits a fact relevant to a determination made by the agency under this chapter or if the owner or operator fails to complete the remedial action that the agency determined at the time of the cost payment to be necessary to adequately address the release. If the cost payment is not returned as required by the agency: (a) The agency may file a lien on the petroleum underground storage tank facility or other property owned by the owner or operator under RCW 70A.545.070 to recover the cost payment; and (b) The attorney general, at the request of the agency, may commence a civil action against the owner or operator in superior court to recover: (i) The cost payment; (ii) A civil penalty as determined by the court up to the full amount of the cost payment, if the agency's repayment request is based on willful actions of the owner or operator; and (iii) The agency's administrative and legal expenses to recover the cost payment. (3) If a person, with intent to defraud, submits a loss declaration form, or issues an invoice or other demand for payment under this chapter with knowledge that it is false in whole or in part, and with knowledge that it is being submitted to the agency for cost payment, the agency may require that the person return any cost payment received based on the false loss declaration form, invoice, or other demand for payment. If the cost payment is not returned as required by the agency: (a) The agency may file a lien on the petroleum underground storage tank facility or other property owned by the owner or operator under RCW 70A.545.070 to recover the cost payment; and (b) The attorney general, at the request of the agency, may commence a civil action against the person in superior court to recover: (i) The cost payment; (ii) A civil penalty as determined by the court up to the full amount of the cost payment; and (iii) The agency's administrative and legal expenses to recover the cost payment. ## 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_S040. 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