FINAL BILL REPORT

SHB 2906

                                  C 213 L 90

BYHouse Committee on Housing (originally sponsored by Representatives Leonard, Winsley, Nutley, Phillips, Prentice, Cole, Locke, Wineberry, Anderson, Todd, Vekich and Rector)

Providing for the clean-up or elimination of contaminated properties.

House Committe on Housing

Senate Committee on Health & Long Term Care and Ways & Means

SYNOPSIS AS ENACTED

BACKGROUND:

The Legislature adopted the Omnibus Alcohol and Controlled Substances Act in 1989 to help address many of the problems related to drug and alcohol abuse.  Although the bill required the state Department of Ecology to help identify, clean-up, store, and dispose of suspected hazardous substances, no procedures were established to rid property of the toxic residues that are left by chemicals used to manufacture illegal drugs.  Properties that are contaminated with these toxic residues can be rented or sold to unsuspecting tenants or purchasers that could subject them to serious health risks.

SUMMARY:

Law enforcement, and other government agencies, must notify the local health officer of the probability of property being contaminated by hazardous chemicals.  Local health officers must report all contaminated properties to the Department of Health.  This listing of contaminated properties may be made available to realtors, landlords, prosecutors, and other groups.

A property owner who believes that a former tenant contaminated the property must request the local health officer to conduct an inspection.  The health officer may charge a reasonable fee for inspections.  Inspections must be conducted within 14 days of the request.

A local health officer may at reasonable times enter and inspect any properties if the officer has reasonable grounds to believe the property is contaminated.  A property that is found to be contaminated after an inspection by a local health officer must be declared unfit for use.

If a property is found to be contaminated, it must be immediately posted by the local health officer.  The local health officer must also notify all persons with an interest in the property as shown by the records of the county auditor.  The notice must be served personally or sent by certified mail with return receipt requested.

After January 1, 1991, before contaminated property may be used or occupied, it must be decontaminated by a contractor certified by the Department of Health.  The owner of the property must pay for decontamination. Before January 1, 1991, a property owner who wants his or her property decontaminated must contact the Department of Health for a list of environmental service contractors who perform decontamination work.  The property owner may choose any contractor on the list.

A contractor who performs decontamination work must submit a written work plan for decontamination to the local health officer for approval.  The local health officer may charge a reasonable fee for the review of the plan.

The city or county in which the property is located may act to condemn or demolish the property, or may require the property to be vacated or the contents removed.  The appeals procedures established for unfit dwellings and buildings apply to contaminated properties.

The Department of Health must establish a certification program for persons who perform decontamination work on property contaminated by hazardous chemicals.  The department must establish fees to pay for the costs of administering the certification program.  The department may provide reciprocity for training programs in other states.

State and local health officers and boards are immune from any civil liability for performing their duties.

Whenever possible, a destruct order must be obtained concurrently with a search warrant.  Materials that have been photographed, fingerprinted, and subsampled by the police must be destroyed as soon as practical.  Hazardous substances used or intended to be used in the manufacture of controlled substances are subject to seizure and forfeiture without a hearing.

VOTES ON FINAL PASSAGE:

      House 93   0

      Senate    45     0 (Senate amended)

      House 93   0 (House concurred)

EFFECTIVE:July 1, 1990

            March 27, 1990 (Sections 2 and 12)