(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) 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.
[2006 c 339 § 205; 1999 c 292 § 6; 1990 c 213 § 6.]
NOTES:
Intent -- Part headings not law -- 2006 c 339: See notes following RCW 70.96A.325.
Finding -- Intent -- 1999 c 292: See note following RCW 64.44.010.