The statutory authority for the adoption of this chapter is provided in Chapter 64.44 RCW, Contaminated Properties, and Chapter 70.05 RCW, Local Health Departments, Boards, Officers – Regulations. Any subsequent amendment to these chapters shall be incorporated into this chapter without the need for further amendment.
(Ord. 2005-055 Exh. A; Ord. 2015-022 Exh. A)
This chapter provides for the protection of the health, safety, and welfare of the public by reducing the potential for exposure to hazardous chemicals associated with illegal drug manufacturing, distribution or storage sites.
(Ord. 2005-055 Exh. A; Ord. 2015-022 Exh. A)
Chapter 246-205 WAC, Decontamination of Illegal Drug Manufacturing, Distribution or Storage Sites, is hereby adopted by reference. If a conflict arises between Chapter 246-205 WAC and this chapter, the more restrictive regulation shall apply. Any subsequent amendment to Chapter 246-205 WAC shall be incorporated into this chapter without the need for further amendment.
(Ord. 2005-055 Exh. A; Ord. 2015-022 Exh. A)
This chapter shall apply to any new or existing site defined as an illegal drug manufacturing , distribution or storage site as per WCC § 24.13.050, and as defined in this section, to any illegal use site when a law enforcement agency has requested that a health officer investigate contamination at that site, as of the effective date of the ordinance codified in this chapter.
(Ord. 2005-055 Exh. A; Ord. 2015-022 Exh. A)
The following definitions apply to this chapter:
A. 
"Abatement"
means any actions taken or ordered by the director to remove or reduce unsanitary, unsafe or nuisance conditions regarding property associated with illegal drug manufacturing, distribution or storage.
B. 
"Approved" or "approval"
means agreed to in writing by the director.
C. 
"Certified contractor"
means a person who has been issued written approval by the Washington State Department of Health to decontaminate, demolish, or dispose of contaminated property as required by this chapter.
D. 
"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 subsequently been satisfactorily decontaminated according to procedures established by this chapter is not contaminated.
E. 
"Decontamination"
means the process of reducing levels of known contaminants to the lowest practical level using currently available methods and processes.
F. 
"Director"
means the administrative director of the Whatcom County health department or the director's authorized representative.
G. 
"Disposal of contaminated property"
means the disposition of contaminated property under the provisions of Chapter 70.105 RCW.
H. 
"Hazardous chemicals"
means the following substances used in the manufacture of illegal drugs:
1. 
Hazardous substances as defined in RCW 70.105D.020; and
2. 
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.
I. 
"Illegal drug manufacturing, distribution or storage site"
means any property where a person illegally manufactures, distributes or illegally stores a controlled substance. This chapter shall also apply to any property that exceeds the decontamination standards listed in WCC § 24.13.070.
J. 
"Illegal use site"
means any property where a law enforcement agency believes a person or persons illegally used a controlled substance.
K. 
"Initial site assessment"
means the first evaluation of a property to determine the nature and extent of observable damage and contamination.
L. 
"Person"
means an individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or other entity.
M. 
"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.
N. 
"Property"
means any site, lot, parcel of land, structure, or part of a structure involved in the illegal manufacture or distribution of a drug, or storage of a hazardous chemical including, but not limited to: single-family residences, units or multiplexes, condominiums, apartment buildings, motels and hotels, boats, motor vehicles, trailers, manufactured housing, any ship, booth, or garden; or any site, lot, parcel of land, structure, or part of a structure that may be contaminated by previous use.
O. 
"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.
P. 
"Violation"
means an act or omission contrary to a health regulation or permit including an act or omission at the same or different location by the same person and including a condition resulting from such act or omission.
(Ord. 2005-055 Exh. A; Ord. 2015-022 Exh. A)
A. 
Within one working day of notification from a law enforcement agency of potential contamination, the director shall post a written warning on the property informing potential occupants that entry is unsafe, in accordance with WAC 246-205-520, Posting property.
B. 
Within 14 days of notification, the director shall inspect the property in accordance with WAC 246-205-530, Inspecting property.
C. 
The director shall make a determination of contamination when the inspection reveals the property is contaminated.
D. 
Any property determined to be contaminated as defined in this chapter and identified in this section is considered a health violation and is subject to orders and notices issued in accordance with Chapter 24.07 WCC, Administrative Notice Proceedings, Civil Penalties, and Abatement.
E. 
Within 10 days after the director determines that a property is contaminated by illegal manufacturing, distribution or storage, the director shall issue a notice of contamination in accordance with WCC § 24.07.070(A).
1. 
When a notice of contamination is issued, the director shall:
a. 
File a copy of the notice prohibiting use of the property with the county auditor;
b. 
Provide a copy of the notice to the local building or code enforcement department; and
c. 
Post the notice in a conspicuous place on the property within one working day of issuance of the notice.
(Ord. 2005-055 Exh. A; Ord. 2015-022 Exh. A)
A. 
The director may, when requested by a law enforcement agency, investigate an illegal use site for contamination. A site is "contaminated" for purposes of this section if it exceeds the decontamination standards set forth in WCC § 24.13.070.
B. 
Within 10 working days after the director determines that an illegal use site property is contaminated, the director shall issue a notice to the owner of the property and to the local building or code enforcement department of the contamination. The department may provide technical assistance to the property owner to assist with decontamination.
C. 
Nothing in this chapter shall preclude or prevent a local jurisdiction, through its building code or other applicable law, from enforcement related to a contaminated use site.
(Ord. 2015-022 Exh. A)
A. 
As per Chapter 246-205 WAC, the decontamination standards are as follows:
1. 
Methamphetamine of less than or equal to 1.5 micrograms per 100 square centimeters;
2. 
Total lead of less than or equal to 20 micrograms per square foot;
3. 
Mercury of less than or equal to 50 nanograms per cubic meter in air; or
4. 
Volatile organic compounds (VOC) of one part per million total hydrocarbons and VOCs in air.
B. 
All sampling performed for an initial site assessment or following decontamination procedures shall be conducted by a certified contractor or the director using standardized sampling protocols and methodology.
C. 
The owner shall decontaminate the property in accordance with this chapter, or dispose of the property in accordance with state and local laws. The owner of the contaminated property shall submit a decontamination plan within 45 days and decontaminate or dispose of the property within 90 days of notification of contamination by the director, unless otherwise approved by the director.
1. 
Any decontamination or disposal activities shall be performed through the services of a certified contractor unless otherwise authorized by the director.
2. 
Prior to commencing any decontamination or disposal activities, a decontamination work plan must be approved by the director, unless otherwise authorized by the director. Any deviations from the work plan must be approved in advance by the director.
D. 
Any person submitting a work plan for approval by the director shall use the Washington State Department of Health Work Plan Template, as amended.
1. 
Upon review and approval of a decontamination work plan, the director shall provide written approval of the work plan to the owner.
2. 
After decontamination activities are completed, a final decontamination report shall be submitted for review by the director, which includes disposal receipts and post sampling results.
(Ord. 2005-055 Exh. A; Ord. 2015-022 Exh. A)
Violations of this chapter are subject to Chapter 24.07 WCC, Administrative Notice Proceedings, Civil Penalties, and Abatement. As per WCC § 24.07.140, contaminated properties used as illegal drug manufacturing facilities, distribution or storage sites that are abated by the county shall be foreclosed.
(Ord. 2005-055 Exh. A; Ord. 2015-022 Exh. A)
Any aggrieved party may appeal any notice of violation in accordance with WCC § 24.07.090, Hearing and appeals.
(Ord. 2005-055 Exh. A; Ord. 2015-022 Exh. A)
A fee for review of decontamination work plans may be established in the unified fee schedule, and shall be payable at the time of plan submittal.
(Ord. 2005-055 Exh. A; Ord. 2015-022 Exh. A)
Should any section, subsection, paragraph, sentence, clause or phrase of this regulation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this regulation.
(Ord. 2005-055 Exh. A; Ord. 2015-022 Exh. A)