AN ACT Relating to contaminated properties; amending RCW 69.50.511; adding a new chapter to Title 64 RCW; prescribing penalties; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that some properties are being contaminated by dangerous chemicals used in unsafe or illegal ways, including the manufacture of illegal drugs. Innocent members of the public may be harmed by the residue left by these chemicals when the properties are subsequently rented or sold without having been decontaminated.

NEW SECTION. Sec. 2. 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) "Contaminated" or "contamination" means polluted by dangerous chemicals so that the property is unfit for human habitation or use due to immediate or cumulative 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."

(2) "Dangerous chemicals" means any substance that is an immediate or long-term cumulative hazard to human health that is not normally found at residences, especially chemicals and precursors used to manufacture illegal drugs.

(3) "Officer" means a local health officer authorized under chapters 70.05, 70.08, and 70.46 RCW.

(4) "Property" means any property, site, structure, or part of a structure which is involved in the unauthorized manufacture or storage of dangerous 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.

NEW SECTION. Sec. 3. Whenever a state or local governmental agency, including but not limited to the police or sheriff, becomes aware of the probability that property has been contaminated by dangerous or hazardous chemicals or substances, that agency shall report the probable contamination to the local health officer. The local health officer shall cause a posting of a notice on the premises immediately upon being notified of the probable contamination and shall cause an inspection to be done on the property within two weeks of receiving the notice of probable contamination. 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.

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.

NEW SECTION. Sec. 4. 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 either personally or by certified mail, with return receipt requested, upon all 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 shall post 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 order shall contain a notice that a hearing before the 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.

NEW SECTION. Sec. 5. 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.

NEW SECTION. Sec. 6. An owner of contaminated property who desires to have the property decontaminated must use the services of a contractor certified by the department of health to decontaminate the property. The contractor shall prepare and submit a written work plan for decontamination to the local health officer. If the work plan is approved and the decontamination is completed according to the plan and properly documented, then the health officer shall allow reuse of the property. A notice 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.

NEW SECTION. Sec. 7. (1) A person may not perform decontamination work unless issued a certificate by the state department of health. The department shall establish performance standards for contractors by rule. 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, 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 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 work under the supervision of trained personnel;

(b) Failing to file a work plan;

(d) Failing to perform work that meets the requirements of the department; or

(e) The certificate was obtained by error, misrepresentation, or fraud.

(5) A person 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 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.

NEW SECTION. Sec. 8. The state board of health shall promulgate rules and standards for carrying out the provisions in this chapter. The local board and the local health officer are authorized to exercise such powers as may be necessary to carry out this chapter.

NEW SECTION. Sec. 9. Members of the state board of health and local boards of health, local health officers, and employees of the department of health and local health departments are immune from civil liability arising out of the performance of their duties under this chapter, unless such performance constitutes gross negligence or intentional misconduct.

NEW SECTION. Sec. 10. This chapter shall not limit state or local government authority to act under any other statute, including chapter 35.80 or 7.48 RCW.

Sec. 11. Section 228, chapter 271, Laws of 1989 and RCW 69.50.511 are each amended to read as follows:

Law enforcement agencies who during the official investigation or enforcement of any illegal drug manufacturing facility come in contact with or are aware of any substances suspected of being hazardous as defined in RCW 70.105D.020(5), shall notify the department of ecology for the purpose of securing a contractor to identify, clean-up, store, and dispose of suspected hazardous substances, except for those random and representative samples obtained for evidentiary purposes. Whenever possible, a destruct order shall be obtained concurrently with a search warrant. Materials that have been photographed, fingerprinted, and subsampled by police shall be destroyed as soon as practical. The department of ecology shall make every effort to recover costs from the parties responsible for the suspected hazardous substance. All recoveries shall be deposited in the account or fund from which contractor payments are made.

The department of ecology may adopt rules to carry out its responsibilities under this section. The department of ecology shall consult with law enforcement agencies prior to adopting any rule or policy relating to this section.

NEW SECTION. Sec. 12. There is appropriated one hundred thousand dollars, or as much thereof as may be necessary, from the general fund for the biennium ending June 30, 1991, to the department of health. No more than ten thousand dollars may be used to provide warning posters and training and materials to landlords, realtors, and hotel and motel operators. No more than forty thousand dollars may be used to provide technical assistance to local health boards and officers to carry out their duties under sections 1 through 10 of this act. No more than fifty thousand dollars may be used for the department to develop guidelines for decontamination of a property used as a drug lab and methods for the testing of ground water, surface water, soil, and septic tanks for contamination.

NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 14. Sections 1 through 10 of this act shall constitute a new chapter in Title 64 RCW.

NEW SECTION. Sec. 15. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.