1. (1) The department must require financial assurances to ensure that the potential risks to the environment from unsuccessful banks are minimized. This may include financial assurances specifically for:

   1. (a) The construction phase (see WAC 173-700-352);
   2. (b) The monitoring and maintenance phase (see WAC 173-700-353); and
   3. (c) The long-term management phase (see WAC 173-700-354).
2. (2) The amount of financial assurances required by the department must be determined on a bank-specific basis and be commensurate with the degree of risk of bank failure and the nature and extent of site alteration and development.
3. (3) The department will consider the timing of release of bank credits in determining the amount of financial assurances required.
4. (4) The department may reduce the amount of financial assurances over the operational life of the bank as the bank matures and the risk of failure is reduced.
5. (5) The instrument and the financial assurance mechanisms must specify the financial requirements and conditions, and the entity responsible for the release or cashing of the financial assurances.
6. (6) The department must determine the adequacy of the proposed financial assurances prior to certification.
7. (7) The department shall require financial assurances for construction, monitoring and maintenance, and long-term management of the site as specified in WAC 173-700-352 through 173-700-354.
8. (8) The financial assurances shall include department costs for contract administration and overhead, as necessary.

[Statutory Authority: Chapter 90.84 RCW. WSR 09-19-013 (Order 04-13), § 173-700-351, filed 9/3/09, effective 10/4/09.]