Financial Assurance Coverage Amounts
The FA Program provides different amounts of coverage depending on when the leak happened. There are no deductibles under this program.
Petroleum leaks that start after a tank is enrolled in the FA Program will be eligible for up to $2 million for cleanup and infrastructure costs. The $2 million includes cleanup for the enrolled property and all impacted properties, as well as third-party coverage for damages.
Coverage for leaks from USTs that start before enrollment is available for up to $1 million for cleanup costs. Funds spent on cleaning up leaks that started before the UST is enrolled in PLIA’s program are subject to cost recovery, which means that PLIA will seek repayment of the funds from the individual or company liable for a release of contamination. Releases that occurred prior to enrollment in the FA Program do not qualify for third-party coverage.
File a Financial Assurance Request
Step 1: Report any Suspected Releases to the Proper Authority
Before filing a Financial Assurance Request (FAR), you should report suspected releases to both the Department of Ecology or applicable federal/tribal authority and PLIA. Additionally, participants must notify PLIA about any system alarms.
If a leak is likely to have an impact on drinking water, then you must immediately report it to the National Response Center at 1-800-424-8802 and to the Washington Emergency Management Division at 1-800-258-5990. For USTs regulated at the federal level, you must immediately report the leak to the EPA at (206) 553- 6708. For more information see Ecology’s Spills website or EPA’s website.
Reporting a release to PLIA does not meet Washington State or federal petroleum UST release reporting requirements. Owners and operators must report releases to the appropriate authority within 24 hours of discovery.
Step 2: File the FAR with PLIA
To get funding to clean up a petroleum release from an enrolled UST, you will file an FAR form. Third-party claimants can also file a FAR to cover property damage or bodily injury caused by a leak.
You can file an FAR online. If an alternative method is needed, please contact PLIA at either pliamail@plia.wa.gov or 1-800-822-3905.
When a leak is reported to the Department of Ecology, it will enter Ecology’s Environmental Report Tracking System (ERTS) and receive a tracking number. PLIA will ask you for this number as part of the FAR, along with any additional identifying information provided by Ecology or the EPA.
In addition to any identifying numbers, owners and operators filing an FAR must include all information regarding the existence, cause, and timing of the release.
Once an FAR is filed, the FAR will receive a tracking number from PLIA.
Eligible and Ineligible Costs Covered for FA Program Participants
Below are lists of eligible and ineligible costs covered for enrolled FA Program participants:
Eligible Costs
- All cleanup actions pre-approved by PLIA and performed by a Prime Consultant. Cleanup actions may include treatment, removal and proper disposal of any soil or water contaminated by the accidental release; proper disposal of nonrepairable tanks or systems; and testing, monitoring, or other assessments.
- Cleanup costs taken on by state or federal agencies responding to a release from an enrolled UST.
- Third-party claims for bodily injury and property damage.
- Necessary infrastructure replacement costs, including gas station canopies.
- Replacement costs for a new UST and/or its associated system that meet current regulatory requirements, including equipment related to the operation of the affected tank, such as fuel dispensers and pipe systems, and replacement of canopies when removed during cleanup.
- Replacement of some surface features, including surface asphalt and concrete, curbs or lanes, and stormwater drainage.
Ineligible Costs
- Costs related to a release or damage caused by an owner, operator or consultant.
- Penalties or fines assessed by other state or federal agencies.
- Third-party cost recovery lawsuits under the Model Toxics Control Act (MTCA), RCW 70A.305.040 or the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
- Replacement of electric vehicle chargers or any other equipment unrelated to the operation or cleanup of the leaking UST.
- Cleanup actions that exceed cleanup levels required by MTCA, federal standards, or other regulating agencies.
- Lost business income resulting from the leak or any cleanup actions.
- Replacement of buildings.
- Clean up of contamination from other sources – e.g., dry-cleaning fluids or other toxic non-petroleum substances – unless the agency determines that it is necessary to complete cleanup of a leak from an enrolled petroleum UST.
- Legal costs.
Funding Priorities
PLIA may prioritize program funding for investigations and cleanup actions deemed necessary to address either an emergency which threatens human health or the environment, or a release that threatens an overburdened community or vulnerable population.
In addition, cleanup costs for all affected properties will receive priority over costs for bodily injury or property damage that is not related to the cleanup process.
PLIA offers language interpretation services for our customers and partners at no charge. Please let us know when contacting us. To request materials in an alternative format, call PLIA at 800-822-3905. Relay Service 711, or TTY at 1-800-833-6388.