BILL REQ. #:  S-0009.1 

Read first time 01/20/2003.   Referred to Committee on Commerce & Trade.

     AN ACT Relating to selling or leasing contaminated property; amending RCW 64.44.010 and 64.44.050; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 64.44.010 and 1999 c 292 s 2 are each amended to read as follows:
     The words and phrases defined in this section shall have the following meanings when used in this chapter unless the context clearly indicates otherwise.
     (1) "Authorized contractor" means a person who decontaminates, demolishes, or disposes of contaminated property as required by this chapter who is certified by the department as provided for in RCW 64.44.060.
     (2) "Contaminated" or "contamination" means polluted by hazardous chemicals so that the property is unfit for human habitation or use due to immediate or long-term hazards. Property that at one time was contaminated but has been satisfactorily decontaminated according to procedures established by the state board of health is not "contaminated."
     (3) "Hazardous chemicals" means the following substances used in the manufacture of illegal drugs: (a) Hazardous substances as defined in RCW 70.105D.020, and (b) precursor substances as defined in RCW 69.43.010 which the state board of health, in consultation with the state board of pharmacy, has determined present an immediate or long-term health hazard to humans.
     (4) "Officer" means a local health officer authorized under chapters 70.05, 70.08, and 70.46 RCW.
     (5) "Property" means any property, site, structure, or part of a structure which is involved in the unauthorized manufacture or storage of hazardous chemicals. This includes but is not limited to single-family residences, units of multiplexes, condominiums, apartment buildings, storage units, boats, motor vehicles including recreational vehicles and motor homes, trailers, manufactured housing, or any shop, booth, or garden.

Sec. 2   RCW 64.44.050 and 1999 c 292 s 6 are each amended to read as follows:
     An owner of contaminated property who desires to have the property decontaminated shall use the services of an authorized contractor unless otherwise authorized by the local health officer. The contractor shall prepare and submit a written work plan for decontamination to the local health officer. The local health officer may charge a reasonable fee for review of the work plan. If the work plan is approved and the decontamination is completed and the property is retested according to the plan and properly documented, then the health officer shall allow reuse of the property. A release for reuse document shall be recorded in the real property records indicating the property has been decontaminated in accordance with rules of the state department of health. The seller or lessor of any decontaminated property that is not real property shall give a copy of the release for reuse document to the purchaser or lessee of the property. If a seller or lessor fails to disclose the fact that a property was formerly contaminated, the purchaser or lessee has the right of rescission and may recover under chapter 19.86 RCW.