Below is the list of requirements underground storage tank (UST) owners and operators must meet to be eligible for the Financial Assurance Program (FA Program):
Eligibility Requirements for USTs without a Release Prior to Enrollment
If a UST does not have a leak before enrollment in the FA Program, owners and operators must meet the following eligibility requirements:
- The petroleum UST must be located in Washington State.
- The UST must be registered with the Washington State Department of Ecology or federal or tribal equivalent, and in compliance with state and federal law regulating petroleum USTs. Temporarily closed USTs are eligible if the owner or operator can demonstrate compliance with all applicable UST regulations prior to closure.
- The owner or operator of the UST must agree to clean up any future release or leak to meet the state’s Model Toxics Control Act (MTCA) cleanup standards, or the most stringent of state, federal, or tribal standards. If Program funding is used for cleanup costs, the project may be required to enroll in PLIA’s Technical Assistance Program.
Eligibility Requirements for USTs with a Release Prior to Enrollment
To be eligible for the FA Program, USTs with a prior release must meet all of the requirements listed above for USTs without a release prior to enrollment, as well as additional requirements.
Additional eligibility requirements are dependent on the cleanup status of the UST site. These conditional requirements are presented in detail below.
Cleanup has been Fully Completed at the UST Site
If cleanup has been completed at the UST site, the FA Program applicant must provide a written determination letter to PLIA from a regulatory authority stating that the cleanup meets:
- State Model Toxics Control Act (MTCA) requirements; or
- Federal or tribal requirements (if these are more stringent than MTCA requirements).
Cleanup Actions have been Completed at the UST Site, but Without a Written Determination from a Regulatory Authority
If cleanup was started, or the cleanup was completed at the UST site, but the owner or operator of the site does not have a written determination letter from a regulatory authority, they must meet the following conditions to be eligible for the FA Program:
- The applicant must provide proof the release was reported to the appropriate agency and provide all documentation regarding the cleanup actions taken.
- The UST must be enrolled in PLIA’s Technical Assistance Program.
- The applicant must agree to continue cleanup actions following a schedule agreed to by PLIA and the applicant. The UST must be enrolled in PLIA’s Technical Assistance Program and cleanup plans must be reviewed and agreed to by PLIA before enrollment.
Cleanup Actions have been Planned but not Completed
If cleanup actions have not been completed at the UST site, the UST owner or operator must meet the following requirements to be eligible for the FA Program:
- The applicant must provide proof the release was reported to the appropriate agency.
- The UST must be enrolled in PLIA’s Technical Assistance Program.
- The applicant must agree to a cleanup schedule developed by one of PLIA’s Prime Consultants and PLIA’s Technical Team.
The UST is Subject to an Agreed Order or Consent Decree
If a UST is subject to an agreed order or consent decree with a regulatory authority, and cleanup is not complete, the applicant must submit the cleanup plan for review by PLIA and follow the cleanup action schedule – with milestones – outlined in the agreed order or consent decree.
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