WAC 173-183-830   Calculation of damages for spills into marine and estuarine waters, except the Columbia River estuary.  (1) The formula provided in subsection (2) of this section shall be used to determine damages liability for spills into marine and estuarine waters, except the estuarine waters of Columbia River. The value of the variables used in the formula shall be determined by:

     (a) The OSC as enumerated in WAC 173-183-810(1);

     (b) The mutually agreed upon independent expert, if applicable, as described in WAC 173-183-810(2); and

     (c) The RDA committee chair as enumerated in WAC 173-183-820 (1)(a).

     (2) In making the determination of percent-coverage of habitat types, the RDA committee chair may assume that the habitat-type visible at low tide extends out to the 20 meter depth contour.

     (3) Damages liability shall be calculated using the following formula:

Damages ($) =
		gallons spilled* 0.208* [(OILAT*SVSAT,j) +
		(OILMI*SVSMI,j) + (OILPER*SVSPER,j)]
where:		gallons spilled = the number of gallons of oil spilled as determined by the procedures outlined in WAC 173-183-810;
		SVSi,j = spill vulnerability score (from WAC 173-183-400(3));
		OILAT = Acute Toxicity Score for Oil (from WAC 173-183-340);
		OILMI = Mechanical Injury Score for Oil (from WAC 173-183-340); and
		OILPER = Persistence Score for Oil (from WAC 173-183-340).
		i = acute toxicity, mechanical injury and persistence effect of oil
		j = the most sensitive season affected by the spill
		0.208 = multiplier to adjust the damages calculated to the $1-100 per gallon range.

     Formula results shall be rounded to the nearest 0.01 to determine damages liability as follows: Decimals less than 0.005 shall be rounded down, and decimals equal to or greater than 0.005 shall be rounded up.



[Statutory Authority: RCW 90.48.366, 90.56.050, and 90.48.035. 09-07-029 (Order 08-14), § 173-183-830, filed 3/10/09, effective 4/10/09. Statutory Authority: Chapter 90.48 RCW. 03-11-010 (Order 03-03), § 173-183-830, filed 5/12/03, effective 6/12/03; 92-10-005 (Order 91-13), § 173-183-830, filed 4/23/92, effective 5/24/92.]


NOTES:

     Reviser's note:  The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.