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, 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 covering hazardous
substances which may be described in general terms 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.
[2007 c 104 § 17; 1990 c 213 § 13; 1989 c 271 § 228.]
NOTES:
Application -- Construction -- Severability -- 2007 c 104: See RCW 64.70.015 and 64.70.900.
Severability -- 1990 c 213: See RCW 64.44.901.
Severability -- 1989 c 271: See note following RCW 9.94A.510.