AN
ACT Relating to the authority of local health jurisdictions regarding
properties contaminated by toxic chemicals used in the manufacture of illegal
drugs; amending RCW 64.44.010, 64.44.020, 64.44.030, 64.44.040, 64.44.050,
64.44.060, and 64.44.070; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
"NEW
SECTION. Sec. 1. The
legislature finds that the contamination of properties used for illegal drug
manufacturing poses a threat to public health. The toxic chemicals left behind
by the illegal drug manufacturing must be cleaned up to prevent harm to
subsequent occupants of the properties. It is the intent of the legislature
that properties are decontaminated in a manner that is efficient, prompt, and
that makes them safe to reoccupy.
Sec.
2. RCW
64.44.010 and 1990 c 213 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((: (a))) certified by the department as provided for in
RCW 64.44.060((, or (b) until January 1, 1991, listed with the department as
provided for in section 8, chapter 213, Laws of 1990)).
(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, boats,
motor vehicles, trailers, manufactured housing, or any shop, booth, or garden.
Sec.
3. RCW
64.44.020 and 1990 c 213 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 ((cause a posting of a
notice)) post a written warning on the premises ((immediately
upon being notified)) within one working day of notification of the
contamination and shall ((cause an inspection to be done on)) inspect
the property within fourteen days after receiving the notice of contamination.
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.
((If
property is determined to be contaminated, then the local health officer shall
cause a posting of a notice on the premises.)) 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.
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.
4. RCW
64.44.030 and 1990 c 213 s 4 are each amended to read as follows:
If
after the inspection of the property, the local health officer finds that it is
contaminated, then the property shall be found unfit for use. The local health
officer shall cause 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((, and)).
The local health officer shall also post the order prohibiting
use in a conspicuous place on the property((, an order prohibiting use)).
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. ((Such)) 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, 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.
Sec.
5. RCW
64.44.040 and 1990 c 213 s 5 are each amended to read as follows:
The
city or county in which the contaminated property is located may take action to
condemn or demolish property or to require the property be vacated or the
contents removed from the property. The city or county ((must)) may
use an authorized contractor if property is demolished, decontaminated,
or removed under this section. No city or county may condemn 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.
Sec.
6. RCW
64.44.050 and 1990 c 213 s 6 are each amended to read as follows:
An
owner of contaminated property who desires to have the property decontaminated
((must)) shall use the services of an authorized contractor ((to
decontaminate the property)) 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 ((notice)) release for reuse document
shall be recorded in the real property records ((if applicable,))
indicating the property has been decontaminated in accordance with rules of the
state department of health.
Sec.
7. RCW
64.44.060 and 1997 c 58 s 878 are each amended to read as follows:
(1)
((After January 1, 1991,)) A contractor 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 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 and their employees on the
essential elements in assessing property used as an illegal drug 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, the contractor or employee 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 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 on any of the
following grounds:
(a)
Failing to perform decontamination, demolition, or disposal work under the
supervision of trained personnel;
(b)
Failing to file a work plan;
(c)
Failing to perform work pursuant to the work plan;
(d)
Failing to perform work that meets the requirements of the department;
(e)
The certificate was obtained by error, misrepresentation, or fraud; or
(f)
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 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, 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.
8. RCW
64.44.070 and 1990 c 213 s 9 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 ((develop guidelines)) adopt
rules for decontamination of a property used as ((a)) an illegal
drug laboratory and methods for the testing of 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.
