70.148.140 - Financial assistance -- Private owner or operator.

Financial assistance — Private owner or operator. (Expires June 1, 2013.)

(1) To qualify for financial assistance, a private owner or operator retailing petroleum products to the public must:

     (a) First apply for insurance from the pollution liability insurance program and request financial assistance in a form and manner required by the director;

     (b) If the director makes a preliminary determination of possible eligibility for financial assistance, apply to the appropriate governing body of the city or town in which the tanks are located or in the case where the tanks are located outside of the jurisdiction of a city or town, then to the appropriate governing body of the county in which the tanks are located, for a determination by the governing body of the city, town, or county that the continued operation of the tanks meets a vital local government, or public health or safety need; and

     (c) Qualify for insurance coverage from the pollution liability insurance program if such financial assistance were to be provided.

     (2) In consideration for financial assistance and prior to receiving such assistance the owner and operator must enter into an agreement with the state whereby the owner and operator agree:

     (a) To sell petroleum products to the public;

     (b) To maintain the tank site for use in the retail sale of petroleum products for a period of not less than fifteen years from the date of agreement;

     (c) To sell petroleum products to local government entities within the affected community on a cost-plus basis periodically negotiated between the owner and operator and the city, town, or county in which the tanks are located; and

     (d) To maintain compliance with state underground storage tank financial responsibility and environmental regulations.

     (3) The agreement shall be filed as a real property lien against the tank site with the county auditor [of the county] in which the tanks are located. If the owner or operator transfers his or her interest in such property, the new owner or operator must agree to abide by the agreement or any financial assistance provided under RCW 70.148.120 through 70.148.170 shall be immediately repaid to the state by the owner or operator who received such assistance.

     (4) As determined by the director, if an owner or operator materially breaches the agreement, any financial assistance provided shall be immediately repaid by such owner or operator.

     (5) The agreement between an owner and operator and the state required under this section shall expire fifteen years from the date of entering into the agreement.

[1991 c 4 § 3.]

Notes: Severability -- 1991 c 4: See note following RCW 70.148.120.