Section 173-360A-0200 - Licensing of UST systems(1)Requirement for a license. An owner or operator must maintain a license for each tank until the UST system has undergone permanent closure or a change-in-service. Without the prior written authorization of the department, an UST system may not be operated without a license for each tank. Possession of a license does not preclude enforcement against owners and operators under this chapter, chapter 90.76 RCW, or other laws.(2)Eligibility for a license. To be eligible for a license, an UST system must be in compliance with the requirements of this chapter and chapter 90.76 RCW.(3)Application for a license.(a) An owner or operator must apply for a license within thirty days of the following: (i) Installation of an UST system or tank; or(ii) Change in the owner or operator that is the licensee.(b) To apply for a license, an owner or operator must submit the following to the department of revenue: (i) Business license application;(ii) Underground storage tank addendum;(iii) Certification of financial responsibility and, if applicable, certificate of insurance or endorsement (WAC 173-360A-1045(1)(a));(iv) Annual tank fees (WAC 173-360A-0210) and any other applicable fees identified by the department of revenue (WAC 458-02-200(2)); and(v) When applying upon installation of an UST system or a tank, the documentation required under WAC 173-360A-0300(5)(a).(c) Applications for UST systems located at different UST facilities must be submitted using separate forms, one for each facility.(4)Notification of changes in financial assurances. Upon any change in the financial assurance mechanism(s) used to demonstrate financial responsibility or upon receipt of a notice of cancellation or termination of any such mechanism, the owner or operator must immediately notify the department of revenue in accordance with WAC 173-360A-1045(1)(b) and (c). Licenses will not be renewed and may be revoked without proof of financial responsibility.(5)Notification of changes in owners or operators that are not licensees. When the owner or operator that is not the licensee changes, the owner or operator must notify the department of ecology in writing within thirty days.(6)Renewal of a license.(a) Licenses must be renewed annually. To renew a license, the owner or operator must submit the following to the department of revenue:(i) Renewal application; and(ii) Annual tank fees (WAC 173-360A-0210) and any other applicable fees identified by the department of revenue (WAC 458-02-200(2)).(b) If a license is not renewed by the expiration date, the department of revenue may assess a delinquency fee (WAC 458-02-200(2) and (8)(b)). The department of ecology may also assess a penalty under WAC 173-360A-0290.(7)Display of a license. Licenses must be displayed in a conspicuous place at the UST facility (RCW 90.76.020(4) and WAC 458-02-200(7)).(8)Revocation and appeals. The department of ecology may revoke a license if an UST system is violating any requirement of this chapter or chapter 90.76 RCW. The revocation of a license may be appealed to the pollution control hearings board in accordance with chapter 43.21B RCW.Wash. Admin. Code § 173-360A-0200
Adopted by WSR 18-15-083, Filed 7/18/2018, effective 10/1/2018