Date of Adoption: December 20, 2002.

     Purpose: These rules detail contractor certification requirements, clean up standards for decontamination of drug sites, and local health officer responsibilities.

     Citation of Existing Rules Affected by this Order: Repealing WAC 246-205-020, 246-205-030, 246-205-040, 246-205-050, 246-205-060, 246-205-070, 246-205-080, 246-205-090, 246-205-100, 246-205-110 and 246-205-120; and amending WAC 246-205-010, 246-205-520, 246-205-530, 246-205-540, 246-205-550, 246-205-560, 246-205-570, and 246-205-580.

     Statutory Authority for Adoption: RCW 64.44.070.

      Adopted under notice filed as WSR 02-21-127 on October 23, 2002.

     Changes Other than Editing from Proposed to Adopted Version: The following changes from the proposed rule are being adopted for clarity and result in no substantial differences in the anticipated effects.

     WAC 246-205-021 (5)(c) and (f) which reference specific types and quantities of course materials to be submitted for department approval are deleted to be more flexible and allow alternatives for compliance.

     WAC 246-205-021(h) [(5)(f)] will read, "Copies of all materials proposed for use, when requested from the department" to reduce redundancy.

     WAC 246-205-051 (1)(b) will read, "Ensure that the size of the class is appropriate for learning the course content" to be more flexible and allow alternatives for compliance.

     WAC 246-205-531(1) will be rewritten for clarification to read: "Analytical results obtained through sampling of the property may be used as a method to determine contamination."

     WAC 246-205-570(3) will be rewritten for clarification to read, "When an authorized contractor is required, the property owner shall have a written work plan approved by the local health officer before starting decontamination."

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 16, Amended 8, Repealed 11.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 14, Amended 8, Repealed 11.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 14, Amended 8, Repealed 11.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 16, Amended 8, Repealed 11.
     Effective Date of Rule: Thirty-one days after filing.

December 19, 2002

M. C. Selecky

Secretary

OTS-5325.8

AMENDATORY SECTION(Amending Order 268B, filed 4/29/92, effective 5/30/92)

WAC 246-205-010   Definitions.   For the purposes of this chapter, the following words and phrases shall have the following meanings unless the content clearly indicates otherwise.

     (((1))) "Authorized contractor" means any person or persons:

     (((a))) • Registered under chapter 18.27 RCW; and

     (((b))) • Certified by the department to decontaminate, demolish, or dispose of contaminated property as required by chapter 64.44 RCW and this chapter.

     (((2))) "Basic course" means a training course which has been sponsored or approved by the department for workers and supervisors who perform or supervise decontamination on illegal drug manufacturing or storage sites.

     (((3))) "Certificate" means a department issued written approval under this chapter.

     (((4))) "Certified" means a person who has department issued written approval under this chapter.

     (((5))) "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."

     (((6))) "Decontamination" means the process of reducing levels of known contaminants to the lowest practical level using currently available methods and processes.

     (((7))) "Department" means the Washington state department of health.

     (((8))) "Disposal of contaminated property" means the disposition of contaminated property under the provisions of chapter 70.105 RCW.

     (((9))) "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.

     (((10))) "Illegal drug manufacturing or storage site" means any property where a person illegally manufactures or stores a controlled substance or a law enforcement agency or the property owner believes a person illegally manufactured or stored a controlled substance.

     (((11))) "Initial site assessment" means the first evaluation of a property to determine the nature and extent of observable damage and contamination.

     (((12))) "List of contaminated properties" means a list of properties contaminated by illegal drug manufacturing or the storage of hazardous chemicals.

     (((13))) "Local department" means the jurisdictional local health department or district.

     (((14))) "Local health officer" means a health officer or authorized representative as defined under chapters 70.05, 70.08, and 70.46 RCW.

     (((15))) "Person" means an individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or other entity.

     (((16))) "Posting" means attaching a written or printed announcement conspicuously on property which may be, or is determined to be, contaminated by illegal drug manufacturing or the storage of a hazardous chemical.

     (((17))) "Property" means any site, lot, parcel of land, structure, or part of a structure involved in the illegal manufacture of a drug or storage of a hazardous chemical including, but not limited to:

     (((a))) • Single-family residences;

     (((b))) • Units or multiplexes;

     (((c))) • Condominiums;

     (((d))) • Apartment buildings;

     (((e))) • Motels and hotels;

     (((f))) • Boats;

     (((g))) • Motor vehicles;

     (((h))) • Trailers;

     (((i))) • Manufactured housing;

     (((j))) • Any ship, booth, or garden; or

     (((k))) • Any site, lot, parcel of land, structure, or part of a structure that may be contaminated by previous use.

     (((18))) "Property owner" means a person with a lawful right of possession of the property by reason of obtaining it by purchase, exchange, gift, lease, inheritance, or legal action.

     (((19))) "Refresher course" means a department sponsored or approved biennial training course for decontamination workers and supervisors. An approved refresher course:

     (((a))) • Reviews the subjects taught in the initial training course; and

     (((b))) • Includes updated information on emerging decontamination technology.

     (((20))) "Storage site" means any property used for the storage of hazardous chemicals or illegally manufactured controlled substances ((or hazardous chemicals)).

     (((21) "Subcontractor" means a person hired by an authorized contractor for the purpose of providing on-site services.

     (22))) "Supervisor" means a person certified by the department and employed by an authorized contractor who is on site during the decontamination of an illegal drug manufacturing or storage site and who is responsible for the activities performed.

     (((23))) "Worker" means a person certified by the department and employed by an authorized contractor who performs decontamination of an illegal drug manufacturing or storage site.

     "Warning" means a sign posted by the local health officer conspicuously on the site of an illegal drug manufacturing or storage site informing potential occupants that hazardous chemicals may exist on, or have been removed from, the premises and that entry is unsafe.

[Statutory Authority: RCW 64.40.070 [64.44.070] and chapter 64.44 RCW. 92-10-027 (Order 268B), § 246-205-010, filed 4/29/92, effective 5/30/92. Statutory Authority: RCW 64.44.060 and 64.44.070. 92-02-017 (Order 223SB), § 246-205-010, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 64.44.060 and chapter 64.44 RCW. 91-04-007 (Order 125SB), § 246-205-010, filed 1/24/91, effective 4/1/91.]

     (a) Basic worker;

     (b) Basic supervisor; and

     (c) Refresher worker and supervisor.

     (2) To obtain approval of instructors, the applicant must demonstrate that the person has the breadth of knowledge and experience necessary to properly train workers and supervisors.

     (3) To obtain approval of course work, the applicant must demonstrate the:

     (a) Adequacy and accuracy of content; and

     (b) Adequacy of training techniques.

     (4) Applicants for training provider certification shall:

     (a) Submit a completed training provider application as specified under subsection (5) of this section;

     (b) Submit the required fee as specified under WAC 246-205-990; and

     (c) Ensure the department receives the application sixty or more days before the requested approval date.

     (5) A training provider application includes, but is not limited to:

     (a) A completed training provider application form provided by the department;

     (b) A list of all personnel involved in course presentation and a description of their qualifications;

     (c) A detailed description of course content and the amount of time allotted to each major topic;

     (d) A description of teaching methods;

     (e) A list of questions for development of an examination; and

     (f) Copies of all materials proposed for use, when requested from the department.

     (6) Training provider certification is valid for two years from the date of issuance.

     (7) Training provider certification may be terminated if the training provider fails to:

     (a) Maintain the course content and quality as approved by the department; and

     (b) Make changes to a course as required by the department.

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     (1) Information on state and federal laws, rules, and regulations applicable to illegal drug manufacturing or storage sites including, but not limited to, Contaminated properties, chapter 64.44 RCW; Precursor drugs, chapter 69.43 RCW; Uniform Controlled Substances Act, chapter 69.50 RCW; Washington Industrial Safety and Health Act, chapter 49.17 RCW; the Federal Occupational Health and Safety Act, 29 U.S.C. 651 et seq.; and this chapter.

     (2) Chemical terminology, classifications, and properties related to illegal drug manufacturing.

     (3) Illegal drug laboratory characteristics.

     (4) First aid.

     (5) Adverse health effects of exposure related to illegal drug manufacturing including, but not limited to:

     (a) Toxicology; and

     (b) Symptomology.

     (6) Incompatibility of chemicals related to decontamination.

     (7) Techniques and equipment used for decontamination of property.

     (8) Handling unknown substances.

     (9) State and federal requirements for dealing with hazardous materials including, but not limited to, chapter 173-303 WAC related to:

     (a) Disposal;

     (b) Transportation;

     (c) Storage; and

     (d) Reporting.

     (10) Training for supervisors must also include, but not be limited to:

     (a) Obtaining necessary information for making site assessments;

     (b) Initial site assessment;

     (c) Initial site sampling;

     (d) Work plan development;

     (e) Final site sampling;

     (f) Report completion; and

     (g) Penalties and liabilities.

[]

     (2) Department approved refresher worker and supervisor training courses shall provide at a minimum:

     (a) A thorough review of the subjects required under WAC 246-205-031;

     (b) An update of information on state-of-the-art procedures and equipment;

     (c) A review of regulatory changes and interpretation; and

     (d) Other subjects if required by the department to update information on new technology and procedures.

[]

     (a) Notify the department in writing thirty or more days before training is scheduled to begin. The notification shall include the date, time, and address of the location where training will be conducted;

     (b) Ensure that the size of the class is appropriate for learning the course content;

     (c) Incorporate into training any required subject matter developed by the department;

     (d) Obtain department approval in advance of any changes to the training; and

     (e) Maintain the course content and quality as approved by the department.

     (2) When requested by the department, the training provider shall confirm successful completion of CDL worker or supervisor training courses by applicants seeking CDL worker or supervisor certification.

     (3) At the department's request, the training provider shall allow a department representative to attend a training course as an observer to verify that the training provider conducts the training in accordance with the training approved by the department.

     (4) Training providers conducting training outside the state of Washington shall:

     (a) Reimburse the department at current state of Washington per diem and travel allowance rates for travel expenses associated with department observance of the training courses; and

     (b) Submit reimbursement to the department within thirty days of receipt of the billing notice.

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     (1) A completed training provider application as described in WAC 246-205-021(5); and

     (2) A fee as prescribed in WAC 246-205-990.

[]

     (a) A completed decontamination worker application;

     (b) A fee as prescribed in WAC 246-205-990;

     (c) Evidence of satisfying the requirements of WAC 296-62-30410;

     (d) Evidence of successful completion of a department sponsored or approved basic decontamination worker course; and

     (e) Evidence of passing the basic decontamination worker examination administered by the department with a score of seventy percent or higher.

     (2) Applicants seeking certification as a decontamination supervisor shall ensure the department receives the following within sixty days of completing the basic supervisor course:

     (a) A completed decontamination supervisor application;

     (b) A fee as prescribed in WAC 246-205-990;

     (c) Evidence of a valid Washington state decontamination worker certificate;

     (d) Evidence of forty or more hours of on-site experience in hazardous material or illegal drug manufacturing or storage site decontamination projects;

     (e) Evidence of satisfying the requirements of WAC 296-62-30415.

     (f) Evidence of successful completion of a department sponsored or approved basic decontamination supervisor course; and

     (g) Evidence of passing the basic decontamination supervisor examination administered by the department with a score of seventy percent or higher.

     (3) Applicants for decontamination supervisor certification who can demonstrate that their work experience and training has resulted in experience and training equivalent to the requirements in WAC 246-205-031 and 246-205-071 (1)(c) and (2)(c), (d), and (e) may be certified as a CDL supervisor when they apply prior to May 1, 2003.

     (a) For purposes of this subsection, an application includes:

     (i) A completed decontamination supervisor application form;

     (ii) A fee as prescribed in WAC 246-205-990; and

     (iii) Evidence of meeting the requirements of this subsection.

     (b) All other decontamination supervisor certification requirements of this chapter apply.

     (4) Worker and supervisor certificates are valid for two years from the date of issuance.

     (5) Workers and supervisors shall make certificates available for inspection at all times during an illegal drug manufacturing or storage site decontamination project.

     (6) The certificate may be denied, suspended, or revoked as described in WAC 246-205-121.

[]

     (2) Certified workers and supervisors seeking certificate renewal shall submit to the department thirty or more days before expiration of the current certificate:

     (a) A completed application form for certificate renewal;

     (b) A fee prescribed in WAC 246-205-990; and

     (c) Evidence of successful completion of a department sponsored or approved refresher training course.

     (3) If a previously certified worker applies for certification following expiration of the previous certificate, but less than two years after expiration of the previous certificate, the worker shall:

     (a) Submit to the department a completed application form for certificate renewal;

     (b) Submit to the department a fee prescribed in WAC 246-205-990; and

     (c) Retake the entire basic worker course.

     (4) If a previously certified supervisor applies for certification following expiration of the previous certificate, but less than two years after expiration of the previous certificate, the supervisor shall:

     (a) Submit to the department a completed application form for certificate renewal;

     (b) Submit to the department a fee prescribed in WAC 246-205-990; and

     (c) Retake the entire basic supervisor course.

[]

     (2) Applicants for department certification as an authorized contractor, shall submit to the department:

     (a) Evidence of being licensed, bonded, and insured as a general contractor under the provisions of chapter 18.27 RCW;

     (b) Evidence of department certification for each employee who will do work on an illegal drug manufacturing or storage site;

     (c) Documentation that the contractor has at least one department certified supervisor and one department certified worker;

     (d) A completed decontamination contractor application form; and

     (e) A fee as prescribed in WAC 246-205-990.

[]

     (2) Applicants for reciprocity shall submit to the department:

     (a) A completed application form for the type of certification being requested;

     (b) Documentation of specialized training for illegal drug manufacturing or storage site decontamination;

     (c) Evidence of successful completion of training required by the Federal Occupational Safety and Health Act, 29 U.S.C. 651 et seq.; Washington Industrial Safety and Health Act regulations, chapter 49.17 RCW; and

     (d) A fee as prescribed in WAC 246-205-990.

     (3) Prior to certificate approval, the applicant may be required to:

     (a) Submit additional information;

     (b) Successfully complete a refresher course; or

     (c) Pass a department-administered examination with a score of seventy percent or more.

[]

     (1) Perform all decontamination work only with department certified workers and supervisors;

     (2) File a work plan with and obtain approval from the local health department;

     (3) Perform work in accordance with the approved work plan;

     (4) Station on site a contractor-employed certified supervisor to oversee the activities performed;

     (5) Perform work meeting applicable requirements of state and local building codes;

     (6) Comply with applicable Federal Occupational Safety and Health Act, Public Law 91-596, 84 stat. 1590; and Washington Industrial Safety and Health Act regulations and requirements, chapter 49.17 RCW;

     (7) Comply with applicable requirements of chapter 70.105 RCW, Hazardous waste management; and chapter 173-303 WAC, Dangerous waste regulations;

     (8) Comply with applicable requirements of department of ecology and Environmental Protection Agency regulations;

     (9) Comply with applicable contractor regulations;

     (10) Notify the state and local jurisdictional health department of all work performed within ten days after completion of the project;

     (11) Comply with all other applicable laws and regulations; and

     (12) Comply with this chapter.

[]

     (2) Disciplinary action against a decontamination worker, supervisor, or contractor may be taken for failing to comply with the requirements of chapter 64.44 RCW, or any rule adopted under chapter 64.44 RCW. Disciplinary action may be taken 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) Obtaining a certificate by error, fraud, or misrepresentation; 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.

     (3) Disciplinary action against a decontamination worker, supervisor, or contractor may include, but not be limited to, denial, suspension, or revocation of certification.

     (4) A contractor may be assessed a civil penalty not to exceed five hundred dollars for each violation in addition to certification denial, suspension, or revocation pursuant to this rule. Each day the violation continues shall be considered a separate violation.

     (5) Adjudicative proceedings are governed by chapter 34.05 RCW, the Administrative Procedure Act; chapter 246-10 WAC; and this chapter.

[]

     (2) The department's authorized contractor list shall be made available to local health officials and other appropriate agencies semiannually, and to the public upon request.

[]

     (1) Posting property;

     (2) Inspecting property;

     (3) Determining contamination;

     (4) Reporting contaminated property;

     (5) Notification of contaminated property;

     (6) Determining whether a contractor is required for decontamination;

     (7) Verifying decontamination; and

     (8) Recording decontamination.

[]

     (2) Within fourteen days of notification, the local health officer(('s initial notice)) shall((:

     (a) Warn the public that entry to the property may be unsafe; and

     (b) Not declare the property unfit for use unless in the local health officer's opinion an immediate public health threat exists)) inspect the property.

     (3) If((, in the local health officer's opinion, an immediate public health threat exists)) the property is contaminated, the local health officer shall ((cause a posting of)) post a written notice on the premises declaring that the officer intends to issue an order prohibiting use of ((all or portions of)) the property as ((required under WAC 246-205-560)) long as the property is contaminated.

     (4) ((The local health officer shall cause the posting, but, based on applicable local regulations or agreements, actual physical attachment of the written notice to the property may be effected by the:

     (a) Health officer;

     (b) Law enforcement personnel;

     (c) Fire department personnel; or

     (d) Other local health officer designee)) Within ten working days of determining the property is contaminated, the local health officer shall cause to be served an order prohibiting use as required under WAC 246-205-560.

     (5) Within one working day of issuance of the order, the local health officer shall post the order in a conspicuous place on the property.

[Statutory Authority: RCW 64.40.070 [64.44.070] and chapter 64.44 RCW. 92-10-027 (Order 268B), § 246-205-520, filed 4/29/92, effective 5/30/92.]

     (1) To enable the local health officer to determine contamination, the property inspection shall include, but not be limited to, an acquisition of data such as evidence of:

     (a) Hazardous chemical use or storage on site((, the presence of));

     (b) Chemical stains((, or the presence of));

     (c) Release or spillage of hazardous chemicals on the property; or

     (d) Glassware or other paraphernalia associated with the manufacture of illegal drugs on site.

     (2) As part of the property's inspection, the local health officer ((shall)) may request copies of any law enforcement reports, forensic chemist reports, and any department of ecology hazardous material transportation manifests needed to evaluate:

     (a) The length of time ((a person used)) the property was used as an illegal drug manufacturing or storage site;

     (b) The size of the site actually used for the manufacture or storage of illegal drugs;

     (c) What chemical process was involved in the manufacture of illegal drugs;

     (d) What chemicals were removed from the scene; and

     (e) The location of the illegal drug manufacturing or storage site in relation to the habitable areas of the property.

     (3) The local health officer may coordinate the property's inspection with other appropriate agencies. At the request of the local health officer, the Washington state department of ecology may conduct an environmental assessment and may sample the property's ground water, surface water, septic tank water, soil, and other media as necessary to enable the local health officer to evaluate the long-term public health threats.

     (((4) If the local health officer determines law enforcement and ecology documents do not provide enough data to determine whether the property is contaminated, the local health officer may conduct a site visit or use other methods of obtaining information, to include a review of the analytical results obtained through sampling of the property by an authorized contractor or by the local health officer.))

[Statutory Authority: RCW 64.40.070 [64.44.070] and chapter 64.44 RCW. 92-10-027 (Order 268B), § 246-205-530, filed 4/29/92, effective 5/30/92.]

     (a) Nonporous surface;

     (b) Porous surface;

     (c) Air;

     (d) Drinking water;

     (e) Ground water;

     (f) Surface water;

     (g) Soil; and

     (h) Septic system.

     (2) Collection of samples shall be performed by department of ecology staff; department of health certified CDL supervisors; or local health officers using:

     (a) Standards and protocols to ensure accuracy and the ability to produce similar results with repeated sampling;

     (b) Proper swabbing techniques to collect a representative sample of the area being sampled; and

     (c) Proper care and prudent action to avoid contamination during sampling.

     (3) All samples collected, transported, stored, and analyzed under the provisions of this section must be secured to assure an unbroken chain-of-custody as described in the American Society of Testing Materials Standard D 4840.

[]

     (2) If designated ((unfit for use)) contaminated, the local health officer shall ((cause a posting of)) post and cause to be served an order prohibiting use of all or portions of the property as required under WAC 246-205-520 and 246-205-560.

     (3) If the local health officer determines the property is not contaminated ((and is fit for use)), the local health officer shall document the findings ((for future use)). The local health officer's documentation shall include:

     (a) Findings;

     (b) Conclusions;

     (c) Name of the property owner;

     (d) Mailing and street address of the property owner;

     (e) Parcel identification number and legal description of the property; and

     (f) Clear directions for locating the property.

[Statutory Authority: RCW 64.40.070 [64.44.070] and chapter 64.44 RCW. 92-10-027 (Order 268B), § 246-205-540, filed 4/29/92, effective 5/30/92.]

     (1) Methamphetamine of less than or equal to 0.1 micro grams per 100 square centimeters;

     (2) Total lead of less than or equal to 20 micro grams per square foot;

     (3) Mercury of less than or equal to 50 nano grams per cubic meter in air; and

     (4) Volatile organic compounds (VOCs) of 1 part per million total hydrocarbons and VOCs in air.

[]

     (a) By telephone or e-mail within one working day; and

     (b) In writing within ten working days.

     (2) The local health officer's written ((unfit for use)) contamination report to the state department of health shall include:

     (a) Description of the findings;

     (b) Conclusions;

     (c) Name of the property owner;

     (d) Mailing and street address, including zip code and county, of the property owner;

     (e) Parcel identification number and legal description of the property to including township and section;

     (f) Tax account number; and

     (g) Date property ((designated unfit for use; and

     (h) Clear directions for locating the property)) determined contaminated.

[Statutory Authority: RCW 64.40.070 [64.44.070] and chapter 64.44 RCW. 92-10-027 (Order 268B), § 246-205-550, filed 4/29/92, effective 5/30/92.]

     (2))) Within ten working days after the local health officer's determination that a property is contaminated, the local health officer shall cause to be served, either personally or by certified mail, return receipt requested, an order prohibiting use to all known:

     (a) Occupants; and

     (b) Persons having an interest in the property as shown upon the records of the auditor's office of the county in which the property is located.

     (((3))) (2) If the whereabouts of persons described under subsection (((2))) (1) of this section 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 by:

     (a) Personal service; or

     (b) Mailing a copy of the order by certified mail, postage prepaid, return receipt requested:

     (i) To each person at the address appearing on the last equalized tax assessment roll of the county where the property is located; or

     (ii) At the address known to the county assessor.

     (((4))) (3) The local health officer shall also mail a copy of the order addressed to each person or party having a recorded right, title, estate, lien, or interest in the property.

     (((5))) (4) The local health officer's order shall:

     (a) Describe the local health officer's intended course of action;

     (b) Describe ((a property owner's)) the penalties for noncompliance with ((this)) the order;

     (c) Prohibit ((a property owner's)) use of all or portions of the property as long as the property is contaminated;

     (d) Describe what measures a property owner must take to have the property decontaminated; and

     (e) Indicate the potential health risks involved.

     (((6))) (5) The local health officer shall:

     (a) File a copy of the order prohibiting use of the property with the county auditor; ((and))

     (b) Provide a copy of ((such)) the order to the local building ((permit)) or code enforcement department; and

     (c) Post the order in a conspicuous place on the property within one working day of issuance of the order.

     (((7))) (6) The local health officer's order shall advise that:

     (a) A hearing before the local health officer or local health board shall be held upon the request of a person required to be notified of the order ((as required under this chapter)); ((and))

     (b) The person's request for a hearing shall be made within ten days of the local health officer's serving of the order; ((and))

     (c) The hearing shall ((then)) be held ((within)) not less than twenty days ((or)) nor more than thirty days after the serving of the order; and

     (d) In any hearing concerning whether property is ((fit for use)) contaminated, the property owner has the burden of showing that the property is decontaminated ((or fit for use)) and meets the decontamination standards of WAC 246-205-541.

[Statutory Authority: RCW 64.40.070 [64.44.070] and chapter 64.44 RCW. 92-10-027 (Order 268B), § 246-205-560, filed 4/29/92, effective 5/30/92.]

     (2) The local health officer shall provide the property owner with a list of authorized contractors upon request.

     (3) When an authorized contractor is required for decontamination, the property owner shall have a written work plan approved by the local health officer before ((commencing contamination reduction, the property owner shall have a written work plan to reduce contamination of the property prepared by the contractor and approved by the local health officer)) starting decontamination. ((The work plan shall outline the contamination reduction and waste disposal procedures the contractor intends to use.))

     (4) When an authorized contractor is required for decontamination, the contractor shall prepare the work plan in accordance with this chapter and chapter 64.44 RCW. When the local health officer determines the services of an authorized contractor are not necessary, the local health officer shall take appropriate measures to ensure the property is decontaminated consistent with the purposes of chapter 64.44 RCW.

     (5) The property owner ((and)) or the contractor shall ((follow the state department of health contamination reduction guidelines or other more stringent procedures as deemed appropriate by the local health officer)) decontaminate the property according to the approved work plan and to meet the decontamination standards described in WAC 246-205-541.

     (((5))) (6) The property owner shall be responsible for:

     (a) ((Financially responsible for)) The costs of any property testing which may be required to demonstrate the presence or absence of hazardous chemicals;

     (b) ((Financially responsible for)) The costs of the property's ((contamination reduction)) decontamination and disposal expenses, as well as costs incurred by the local health officer resulting from the enforcement of this chapter;

     (c) ((Responsible for)) Keeping records documenting ((contamination reduction)) decontamination procedures and submitting notarized copies of all records to the local health officer; and

     (d) ((Responsible for)) Petitioning the local health officer to review the ((contamination reduction)) decontamination records and to declare the property ((fit for use)) decontaminated.

[Statutory Authority: RCW 64.40.070 [64.44.070] and chapter 64.44 RCW. 92-10-027 (Order 268B), § 246-205-570, filed 4/29/92, effective 5/30/92.]

     (((a))) (1) Shall review the documentation to verify ((reduction of contamination to acceptable levels for reoccupancy as stated in state department of health guidelines or other more stringent requirements as deemed appropriate by the local health officer;

     (b))) decontamination was performed according to the approved work plan and the applicable decontamination standards in WAC 246-205-541 are met;

     (2) May visit the property site to assess the thoroughness of the ((contractor's clean-up)) decontamination;

     (((c))) (3) May require the property owner to provide more extensive testing and assessment of the property site by an independent laboratory or firm qualified to perform such testing and assessment.

     (((2) If, after review of the information in subsection (1) of this section, the local health officer determines the property has been decontaminated, the local health officer shall within ten working days:

     (a) Record a notice in the real property records of the county auditor where the property is located indicating that to the best of his or her knowledge, the basis upon which the property was originally declared unfit for use has been addressed by decontamination in accordance with board of health and department of health rules and guidelines.

     (b) Send a copy of the notice to the property owner.

     (c) Send a copy of the notice to the state department of health.

     (d) Send a copy of the notice to the local building permit department.))

[Statutory Authority: RCW 64.40.070 [64.44.070] and chapter 64.44 RCW. 92-10-027 (Order 268B), § 246-205-580, filed 4/29/92, effective 5/30/92.]

     (1) Record a release for reuse document in the real property records of the county auditor where the property is located indicating that to the best of his or her knowledge, the property was decontaminated in accordance with this chapter.

     (2) Send a copy of the release to the property owner.

     (3) Send a copy of the release to the state department of health.

     (4) Send a copy of the release to the local building or code enforcement department.

[]

     The following sections of the Washington Administrative Code are repealed:

WAC 246-205-020	Authorized contractor services.
WAC 246-205-030	Courses for training workers and supervisors.
WAC 246-205-040	Training course approval.
WAC 246-205-050	Worker and supervisor certification.
WAC 246-205-060	Worker and supervisor certificate renewal.
WAC 246-205-070	Authorized contractor certification.
WAC 246-205-080	Reciprocity.
WAC 246-205-090	On-site supervision.
WAC 246-205-100	Performance standards.
WAC 246-205-110	Denial, suspension, revocation of certification, and civil penalties.
WAC 246-205-120	Authorized contractor certification list.

© Washington State Code Reviser's Office