Among the potential parties involved when an accidental release
is suspected from a heating oil tank or line are the heating oil tank owner or
operator, adjacent property owners, heating oil supplier, PLIA, third-party
administrator, department of ecology, and heating oil tank service
providers.
(1) Heating oil tank owner
or operator. All liabilities caused by an
accidental release originating from a
heating oil tank are the sole responsibility of the
heating oil tank owner or
operator. The
pollution liability insurance agency and/or the state of
Washington accepts no liability, nor portion of the liability, from the
heating
oil tank owner or operator.
(a) The heating
oil tank operator may submit forms to PLIA on behalf of the owner, however, no
corrective action may be performed without the specific written consent of the
heating oil tank owner.
(b) The
heating oil tank owner or operator is responsible for notifying the heating oil
supplier in the case of a suspected accidental release and investigating the
source and extent of the suspected accidental release.
(c) The heating oil tank owner is responsible
for providing documentation to PLIA that pollution liability coverage will not
be provided by the homeowner's insurer.
(d) If corrective action is implemented, the
heating oil tank owner is responsible for selecting a service provider approved
by the insurer and approving the completed corrective action.
(2) Adjacent property owners. If
an accidental release migrates offsite, or is suspected to have migrated, the
adjacent property owner may be involved in the corrective action. In this
situation, the heating oil tank owner or operator shall notify PLIA of the
occurrence and provide the adjacent property owner's name, address and
telephone number.
(3) Heating oil
supplier. Some heating oil suppliers provide customer services which may be a
resource to evaluate a suspected accidental release to the environment. If
after investigating a heating system malfunction, a heating oil supplier
determines that an accidental release may have occurred, the heating oil
supplier should inform the owner or operator of the accidental
release.
(4) PLIA acts as the
designated representative of the
insurer for purposes of the
heating oil
pollution liability insurance program. PLIA provides informal advice and
technical assistance to
heating oil tank owners and operators (chapter
374-80
WAC), provides listings of service providers approved by the
insurer, manages
claims for the
insurer and provides certification that a
claim is
closed.
(5) Third-party
administrator. PLIA may appoint a third-party administrator to assist in
monitoring, investigation and corrective action.
(6) Department of ecology. The department of
ecology administers statewide laws and rules detailing MTCA cleanup standards
for both soil and groundwater. To be eligible for coverage under the heating
oil pollution liability insurance program, corrective action must satisfy MTCA
and pertinent local government requirements.
(7) Heating oil tank service provider. A
heating oil tank service provider is an independent contractor who contracts
with the
heating oil tank owner to perform
corrective action, and meets the
requirements detailed in WAC
374-70-100.
