2SHB 2817 -
By Representative Campbell
ADOPTED 02/18/2008
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 64.44.050 and 2006 c 339 s 205 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)(a) In a case where the contaminated property is a motor vehicle
as defined in RCW 46.04.320, a vehicle as defined in RCW 46.04.670, or
a vessel as defined in RCW 88.02.010, and methamphetamine or any of its
salts, isomers, and salts of isomers were found inside, and the local
health officer has issued an order declaring the property unfit and
prohibiting its use, the city or county in which the property is
located shall take action to prohibit use, occupancy, or removal, and
shall require demolition, disposal, or decontamination of the property.
The city, county, or local law enforcement agency may impound the
vehicle or vessel to enforce this chapter.
(b) The property owner shall have the property demolished, disposed
of, or decontaminated by an authorized contractor, or under a written
work plan approved by the local health officer, within thirty days of
receiving the order declaring the property unfit and prohibited from
use. After all procedures granting the right of notice and the
opportunity to appeal in RCW 64.44.030 have been exhausted, if the
property owner has not demolished, disposed of, or decontaminated the
property using an authorized contractor, or under a written work plan
approved by the local health officer within thirty days, then the local
health officer or the local law enforcement agency may demolish,
dispose of, or decontaminate the property. The property owner is
responsible for the costs of the property's demolition, disposal, or
decontamination, as well as all costs incurred by the local health
officer or the local law enforcement agency resulting from the
enforcement of this chapter, except as otherwise provided for under
this subsection.
(c) The legal owner of a motor vehicle as defined in RCW 46.04.320,
a vehicle as defined in RCW 46.04.670, or a vessel as defined in RCW
88.02.010 whose sole basis of ownership is a bona fide security
interest is responsible for costs under this subsection if the legal
owner had knowledge of or consented to any act or omission that caused
contamination of the vehicle or vessel.
(d) If the vehicle or vessel has been stolen and the property owner
neither had knowledge of nor consented to any act or omission that
contributed to the theft and subsequent contamination of the vehicle or
vessel, the owner is not responsible for costs under this subsection,
except if the registered owner is insured, the registered owner shall
within fifteen calendar days of receiving an order declaring the
property unfit and prohibiting its use, submit a claim to his or her
insurer for reimbursement of costs of the property's demolition,
disposal, or decontamination, as well as all costs incurred by the
local health officer or the local law enforcement agency resulting from
the enforcement of this chapter, and shall provide proof of claim to
the local health officer or the local law enforcement agency.
(e) If the property owner has not acted to demolish, dispose of, or
decontaminate as set forth in this subsection regardless of
responsibility for costs, and the local health officer or local law
enforcement agency has taken responsibility for demolition, disposal,
or decontamination, including all associated costs, then all rights,
title, and interest in the property shall be deemed forfeited to the
local health jurisdiction or the local law enforcement agency.
(f) This subsection may not be construed to limit the authority of
a city, county, local law enforcement agency, or local health officer
to take action under this chapter to require the owner of the real
property upon which the contaminated vehicle or vessel is located to
comply with the requirements of this chapter, including provisions for
the right of notice and opportunity to appeal as provided in RCW
64.44.030.
(3) Except as provided in subsection (2) of this section, 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.
NEW SECTION. Sec. 2 A new section is added to chapter 64.44 RCW
to read as follows:
(1) The Washington state department of licensing shall take action
to place notification on the title of any motor vehicle as defined in
RCW 46.04.320, a vehicle as defined in RCW 46.04.670, or a vessel as
defined in RCW 88.02.010, that the vehicle or vessel has been declared
unfit and prohibited from use by order of the local health officer
under this chapter. When satisfactory decontamination has been
completed and the contaminated property has been retested according to
the written work plan approved by the local health officer, a release
for reuse document shall be issued by the local health officer, and the
department shall place notification on the title of that vehicle or
vessel as having been decontaminated and released for reuse.
(2)(a) A person is guilty of a gross misdemeanor if he or she
advertises for sale or sells a motor vehicle as defined in RCW
46.04.320, a vehicle as defined in RCW 46.04.670, or a vessel as
defined in RCW 88.02.010, that has been declared unfit and prohibited
from use by the local health officer under this chapter when:
(i) The person has knowledge that the vehicle or vessel has been
found to be contaminated with methamphetamine or any of its salts,
isomers, and salts of isomers; or
(ii) A notification has been placed on the title under subsection
(1) of this section that the vehicle or vessel has been declared unfit
and prohibited from use.
(b) A person may advertise or sell a vehicle or vessel when a
release for reuse document has been issued by the local health officer
under this chapter or a notification has been placed on the title under
subsection (1) of this section that the vehicle or vessel has been
decontaminated and released for reuse.
NEW SECTION. Sec. 3 A new section is added to chapter 46.55 RCW
to read as follows:
An impound under RCW 64.44.050 shall not be considered an impound
under this chapter. A tow operator who contracts with a law
enforcement agency for transporting a vehicle impounded under RCW
64.44.050 shall only remove the vehicle to a secure public facility,
and not be required to store or dispose of the vehicle. The vehicle
shall remain in the care, custody, and control of the law enforcement
agency to be demolished, disposed of, or decontaminated as under RCW
64.44.050. The law enforcement agency shall pay for all costs incurred
as a result of the towing if the vehicle owner does not pay within
thirty days. The law enforcement agency may seek reimbursement from
the owner.
NEW SECTION. Sec. 4 If specific funding for the purposes of this
act, referencing this act by bill or chapter number, is not provided by
June 30, 2008, in the omnibus appropriations act, this act is null and
void."
Correct the title.
EFFECT: (1) Clarifies responsibility if property was stolen, and
for insurance reporting.
(2) Adds that the city, county, or local law enforcement agency may
impound a contaminated vessel.
(3) Clarifies the responsibility of a legal property owner.
(4) Affirms no loss of authority to address contaminated vehicles
and vessels on real property.
(5) Clarifies that advertising and sale of a vehicle or vessel is
permitted after a release for reuse is issued by the local health
officer.
(6) Changes it is "unlawful" to advertise for sale or to sell a
contaminated vehicle or vessel, to a person is guilty of a "gross
misdemeanor."
(7) Adds it a gross misdemeanor to advertise for sale or sell a
vehicle or vessel if notice of contamination has been placed on the
title, unless there is also notice on the title that the vehicle or
vessel has been decontaminated.