6239-S2.E AMH SULB WALK 031
E2SSB 6239 - H AMD TO APP COMM AMD (H5461.1) 1105
By Representatives Sullivan and B.
WITHDRAWN 3/3/2006
On page 13 of the amendment, after line 7, strike all material through "January 1, 2007." on page 16, line 2 and insert the following:
"Sec. 201. 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) "Department" means the department of health.
(4) "Hazardous chemicals" means the following substances ((used
in)) associated with the illegal manufacture of ((illegal
drugs))controlled substances: (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; and (c) the controlled substance
or substances being manufactured, as defined in RCW 69.50.101.
(((4))) (5) "Officer" means a local health officer authorized
under chapters 70.05, 70.08, and 70.46 RCW.
(((5))) (6) "Property" means any real or personal property,
((site, structure, or part of a structure which)) or segregable
part thereof, that is involved in or affected by the unauthorized
manufacture, distribution, or storage of hazardous chemicals. This
includes but is not limited to single-family residences, units of
multiplexes, condominiums, apartment buildings, boats, motor
vehicles, trailers, manufactured housing, ((or)) any shop, booth,
((or)) garden, or storage shed, and all contents of the items
referenced in this subsection.
Sec. 202. RCW 64.44.020 and 1999 c 292 s 3 are each amended to
read as follows:
Whenever a law enforcement agency becomes aware that property
has been contaminated by hazardous chemicals, that agency shall
report the contamination to the local health officer. The local
health officer shall ((post)) cause a posting of a written warning
on the premises within one working day of notification of the
contamination and shall inspect the property within fourteen days
after receiving the notice of contamination. The warning posting
for any property that includes a hotel or motel holding a current
license under RCW 70.62.220, shall be limited to inside the room or
on the door of the contaminated room and no written warning posting
shall be posted in the lobby of the facility. The warning shall
inform the potential occupants that hazardous chemicals may exist
on, or have been removed from, the premises and that entry is
unsafe. If a property owner believes that a tenant has contaminated
property that was being leased or rented, and the property is
vacated or abandoned, then the property owner shall contact the
local health officer about the possible contamination. Local health
officers or boards may charge property owners reasonable fees for
inspections of suspected contaminated property requested by
property owners.
A local health officer may enter, inspect, and survey at
reasonable times any properties for which there are reasonable
grounds to believe that the property has become contaminated. If
the property is contaminated, the local health officer shall post
a written notice declaring that the officer intends to issue an
order prohibiting use of the property as long as the property is contaminated.
If access to the property is denied, a local health officer in
consultation with law enforcement may seek a warrant for the
purpose of conducting administrative inspections. A superior,
district, or municipal court within the jurisdiction of the
property may, based upon probable cause that the property is
contaminated, issue warrants for the purpose of conducting
administrative inspections.
Local health officers must report all cases of contaminated
property to the state department of health. The department may make
the list of contaminated properties available to health
associations, landlord and realtor organizations, prosecutors, and
other interested groups. The department shall promptly update the
list of contaminated properties to remove those which have been
decontaminated according to provisions of this chapter.
The local health officer may determine when the services of an
authorized contractor are necessary.
Sec. 203. RCW 64.44.030 and 1999 c 292 s 4 are each amended to
read as follows:
(1) If after the inspection of the property, the local health
officer finds that it is contaminated, then the ((property shall be
found unfit for)) local health officer shall issue an order
declaring the property unfit and prohibiting its use. The local
health officer shall cause the order to be served ((an order
prohibiting use)) either personally or by certified mail, with
return receipt requested, upon all occupants and persons having any
interest therein as shown upon the records of the auditor's office
of the county in which such property is located. The local health
officer shall also ((post)) cause the order ((prohibiting use)) to
be posted in a conspicuous place on the property. If the
whereabouts of such persons is unknown and the same cannot be
ascertained by the local health officer in the exercise of
reasonable diligence, and the health officer makes an affidavit to
that effect, then the serving of the order upon such persons may be
made either by personal service or by mailing a copy of the order
by certified mail, postage prepaid, return receipt requested, to
each person at the address appearing on the last equalized tax
assessment roll of the county where the property is located or at
the address known to the county assessor, and the order shall be
posted conspicuously at the residence. A copy of the order shall
also be mailed, addressed to each person or party having a recorded
right, title, estate, lien, or interest in the property. The order
shall contain a notice that a hearing before the local health board
or officer shall be held upon the request of a person required to
be notified of the order under this section. The request for a
hearing must be made within ten days of serving the order. The
hearing shall then be held within not less than twenty days nor
more than thirty days after the serving of the order. The officer
shall prohibit use as long as the property is found to be
contaminated. A copy of the order shall also be filed with the
auditor of the county in which the property is located, where the
order pertains to real property, and such filing of the complaint
or order shall have the same force and effect as other lis pendens
notices provided by law. In any hearing concerning whether property
is fit for use, the property owner has the burden of showing that
the property is decontaminated or fit for use. The owner or any
person having an interest in the property may file an appeal on any
order issued by the local health board or officer within thirty
days from the date of service of the order with the appeals
commission established pursuant to RCW 35.80.030. All proceedings
before the appeals commission, including any subsequent appeals to
superior court, shall be governed by the procedures established in
chapter 35.80 RCW.
(2) If the local health officer determines immediate action is
necessary to protect public health, safety, or the environment, the
officer may issue or cause to be issued an emergency order, and any
person to whom such an order is directed shall comply immediately.
Emergency orders issued pursuant to this section shall expire no
later than seventy-two hours after issuance and shall not impair
the health officer from seeking an order under subsection (1) of
this section.
Sec. 204. RCW 64.44.040 and 1999 c 292 s 5 are each amended to
read as follows:
(1) Upon issuance of an order declaring property unfit and
prohibiting its use, the city or county in which the contaminated
property is located may take action to prohibit use, occupancy, or
removal of such property; condemn, decontaminate, or demolish the
property; or ((to)) require that the property be vacated or the
contents removed from the property. The city or county may use an
authorized contractor if property is demolished, decontaminated, or
removed under this section. The city, county, or contractor shall
comply with all orders of the health officer during these
processes. No city or county may condemn, decontaminate, or
demolish property pursuant to this section until all procedures
granting the right of notice and the opportunity to appeal in RCW
64.44.030 have been exhausted, but may prohibit use, occupancy, or
removal of contaminated property pending appeal of the order.
(2)(a) It is unlawful for any person to enter upon any
property, or to remove any property, that has been found unfit for
use by a local health officer pursuant to RCW 64.44.030.
(b) This subsection does not apply to: (i) Health officials,
law enforcement officials, or other government agents performing
their official duties; (ii) authorized contractors or owners
performing decontamination pursuant to authorization by the local
health officer; and (iii) any person acting with permission of a
local health officer, or of a superior court or hearing examiner
following an appeal of a decision of the local health officer.
(c) Any person who violates this subsection is guilty of a misdemeanor.
(3) No provision of this section may be construed to limit the
ability of the local health officer to permit occupants or owners
of the property at issue to remove uncontaminated personal property
from the premises.
Sec. 205. RCW 64.44.050 and 1999 c 292 s 6 are each amended to
read as follows:
(1) An owner of contaminated property who desires to have the
property decontaminated, demolished, or disposed of shall use the
services of an authorized contractor unless otherwise authorized by
the local health officer. The contractor and property owner shall
prepare and submit a written work plan for decontamination,
demolition, or disposal 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,
demolition, or disposal 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, demolished, or disposed of in
accordance with rules of the state department of health. The
property owner is responsible for: (a) The costs of any property
testing which may be required to demonstrate the presence or
absence of hazardous chemicals; and (b) the costs of the property's
decontamination, demolition, and disposal expenses, as well as
costs incurred by the local health officer resulting from the
enforcement of this chapter.
(2) The local health officer has thirty days from the issuance
of an order declaring a property unfit and prohibiting its use to
establish a reasonable timeline for decontamination. The department
of health shall establish the factors to be considered by the local
health officer in establishing the appropriate amount of time.
The local health officer shall notify the property owner of the
proposed time frame by United States mail to the last known
address. Notice shall be postmarked no later than the thirtieth day
from the issuance of the order. The property owner may request a
modification of the time frame by submitting a letter identifying
the circumstances which justify such an extension to the local
health officer within thirty-five days of the date of the postmark
on the notification regardless of when received.
Sec. 206. RCW 64.44.060 and 1999 c 292 s 7 are each amended to
read as follows:
(1) A contractor, supervisor, or worker may not perform
decontamination, demolition, or disposal work unless issued a
certificate by the state department of health. The department shall
establish performance standards for contractors, supervisors, and
workers by rule in accordance with chapter 34.05 RCW, the
administrative procedure act. The department shall train and test,
or may approve courses to train and test, contractors, supervisors,
and ((their employees)) workers on the essential elements in
assessing property used as an illegal ((drug)) controlled
substances manufacturing or storage site to determine hazard
reduction measures needed, techniques for adequately reducing
contaminants, use of personal protective equipment, methods for
proper decontamination, demolition, removal, and disposal of
contaminated property, and relevant federal and state regulations.
Upon successful completion of the training, and after a background
check, the contractor, supervisor, or ((employee)) worker shall be
certified.
(2) The department may require the successful completion of
annual refresher courses provided or approved by the department for
the continued certification of the contractor or employee.
(3) The department shall provide for reciprocal certification
of any individual trained to engage in decontamination, demolition,
or disposal work in another state when the prior training is shown
to be substantially similar to the training required by the
department. The department may require such individuals to take an
examination or refresher course before certification.
(4) The department may deny, suspend, ((or)) revoke, or place
restrictions on a certificate for failure to comply with the
requirements of this chapter or any rule adopted pursuant to this
chapter. A certificate may be denied, suspended, ((or)) revoked, or
have restrictions placed on it on any of the following grounds:
(a) Failing to perform decontamination, demolition, or disposal
work under the supervision of trained personnel;
(b) Failing to perform decontamination, demolition, or disposal
work using department of health certified decontamination personnel;
(c) Failing to file a work plan;
(((c))) (d) Failing to perform work pursuant to the work plan;
(((d))) (e) Failing to perform work that meets the requirements
of the department and the requirements of the local health officers;
(((e) The certificate was obtained by error, misrepresentation,
or fraud; or))
(f) Failing to properly dispose of contaminated property;
(g) Committing fraud or misrepresentation in: (i) Applying for
or obtaining a certification, recertification, or reinstatement; (ii) seeking approval of a work plan; and (iii) documenting
completion of work to the department or local health officer;
(h) Failing the evaluation and inspection of decontamination
projects pursuant to section 308 of this act; or
(i) If the person has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person who is
not in compliance with a support order or a residential or
visitation order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the department's
receipt of a release issued by the department of social and health
services stating that the person is in compliance with the order.
(5) A contractor, supervisor, or worker who violates any
provision of this chapter may be assessed a fine not to exceed five
hundred dollars for each violation.
(6) The department of health shall prescribe fees as provided
for in RCW 43.70.250 for: The issuance and renewal of certificates,
conducting background checks of applicants, the administration of
examinations, and ((for)) the review of training courses.
(7) The decontamination account is hereby established in the
state treasury. All fees collected under this chapter shall be
deposited in this account. Moneys in the account may only be spent
after appropriation for costs incurred by the department in the
administration and enforcement of this chapter.
Sec. 207. RCW 64.44.070 and 1999 c 292 s 8 are each amended to
read as follows:
(1) The state board of health shall promulgate rules and
standards for carrying out the provisions in this chapter in
accordance with chapter 34.05 RCW, the administrative procedure
act. The local board of health and the local health officer are
authorized to exercise such powers as may be necessary to carry out
this chapter. The department shall provide technical assistance to
local health boards and health officers to carry out their duties
under this chapter.
(2) The department shall adopt rules for decontamination of a
property used as ((an illegal drug)) a laboratory for the
production of controlled substances and methods for the testing of
porous and nonporous surfaces, ground water, surface water, soil,
and septic tanks for contamination. The rules shall establish
decontamination standards for hazardous chemicals, including but
not limited to methamphetamine, lead, mercury, and total volatile
organic compounds.
(3) The department shall adopt rules regarding independent
third party sampling including those pertaining to:
(a) Verification of possible property contamination due to the
illegal manufacture of controlled substances;
(b) Verification of satisfactory decontamination of property
deemed contaminated and unfit for use;
(c) Certification of independent third party samplers;
(d) Qualifications and performance standards for independent
third party samplers;
(e) Administration of background checks for third party sampler
applicants; and
(f) The denial, suspension, or revocation of independent third
party sampler certification.
(4) For the purposes of this section, an independent third
party sampler is a person who is not an employee, agent,
representative, partner, joint venturer, shareholder, or parent or
subsidiary company of the authorized contractor, the authorized
contractor's company, or the property owner.
NEW SECTION. Sec. 208. A new section is added to chapter 64.44
RCW to read as follows:
The department may evaluate annually a number of the property
decontamination projects performed by licensed contractors to
determine the adequacy of the decontamination work, using the
services of an independent environmental contractor or state or
local agency. If a project fails the evaluation and inspection, the
contractor is subject to a civil penalty and license suspension,
pursuant to RCW 64.44.060 (4) and (5); and the contractor is
prohibited from performing additional work until deficiencies have
been corrected.
NEW SECTION. Sec. 209. The department of community, trade, and
economic development shall report to the legislature on the
feasibility of providing incentives and protections to landlords to
encourage housing rentals to recovering substance abusers or those
convicted of drug crimes. A final report must be submitted to the
appropriate committees of the legislature by January 1, 2007.
NEW SECTION. Sec. 210. The department of ecology shall, in
consultation with interested local health jurisdictions and their
corresponding city or county governments, conduct a pilot program
to demonstrate application of existing legal methods and grant
programs administered under the model toxics control act in chapter
70.105D RCW, and other available authorities and funds to clean up
methamphetamine-contaminated property for a public purpose. This
pilot program shall include: (1) A facility with hazardous
substance releases to soil or ground water resulting from a former
methamphetamine lab or other historic uses of the property that
created liability under chapter 70.105D RCW; and (2) a facility
where the primary issue is decontamination or demolition of
methamphetamine contaminated structures and other solid waste
related issues. The department of ecology shall submit a report on
the pilot program to the appropriate committees of the legislature
by January 1, 2007."
EFFECT: Allows a court to issue administrative search warrants so that property suspected of methamphetamine contamination can be inspected. Permits a local health officer to issue an emergency order forbidding occupancy of a contaminated property. Establishes new requirements for the owners of contaminated properties, including decontamination time lines set by a local health officer. Provides new conditions under which a contractor for the decontamination of property may have his or her certification suspended. Establishes third-party sampling of decontamination sites. Creates a pilot clean-up project to examine funding sources, and a study to assess options to encourage landlords to rent housing to recovering substance abusers.
Requires that any warning posted in a hotel or motel be placed on the inside of the room or on the door of the contaminated room. Written warnings cannot be posted in the lobby of the facility.