BILL REQ. #:  H-4462.1 

Read first time 01/16/08.   Referred to Committee on Select Committee on Environmental Health.

     AN ACT Relating to motor vehicles, vehicles, and vessels contaminated with methamphetamines; amending RCW 64.44.040 and 64.44.050; and adding a new section to chapter 64.44 RCW.

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

Sec. 1   RCW 64.44.040 and 2006 c 339 s 204 are each amended to read as follows:
     (1) Upon issuance of an order declaring property unfit and prohibiting its use((,)): (a) If the 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 are found inside, the city or county in which the property is located shall take action to prohibit use, occupancy, or removal, and shall require demolition or disposal of such property; (b) in cases of all other types of contaminated property, 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 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. 2   RCW 64.44.050 and 2006 c 339 s 205 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, 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) 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, the owner of the property shall have the property demolished or disposed of by an authorized contractor within thirty days of receiving notice that the property is declared unfit, prohibited from use, and all procedures granting the right of notice and the opportunity to appeal in RCW 64.44.030 have been exhausted. If the contaminated property is not demolished or disposed of within the thirty-day notice, then the local health department or the local law enforcement agency shall have the property demolished and disposed. The property owner is responsible for the costs of the property's demolition and disposal expenses, as well as costs incurred by the local health officer or the local law enforcement agency resulting from the enforcement of this chapter.
     (3) 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. 3   A new section is added to chapter 64.44 RCW to read as follows:
     It shall be unlawful for any person to advertise for sale or to sell 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 under this chapter if 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.