WAC 173-183-840 Calculation of damages for spills into the Columbia River estuary. (1) The formula provided in subsection (2) of this section shall be used to determine damages liability for spills into the estuarine waters of Columbia River. The value of the variables used in the formula shall be determined by:

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

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

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

аааа (2) Damages liability shall be calculated using the following formula:

Damages ($) =
		gallons spilled* 0.508SVS_j(OIL_AT+OIL_MI+OIL_PER)
where:		gallons spilled = the number of gallons of oil spilled as determined by procedures outlined in WAC 173-183-810
		SVS_j = spill vulnerability score (from WAC 173-183-500(3));
		j = the most sensitive season affected by the spill
		OIL_AT = Acute Toxicity Score for Oil (from WAC 173-183-360);
		OIL_MI = Mechanical Injury Score for Oil (from WAC 173-183-360); and
		OIL_PER = Persistence Score for Oil (from WAC 173-183-360).
		0.508 = multiplier to adjust the damages calculated to the $1-100 per gallon range.

аааа 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), з 173-183-840, filed 3/10/09, effective 4/10/09. Statutory Authority: Chapter 90.48 RCW. 92-10-005 (Order 91-13), з 173-183-840, filed 4/23/92, effective 5/24/92.]