Washington Code 64.44.010 – Definitions
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The words and phrases defined in this section shall have the following meanings when used in this chapter unless the context clearly indicates otherwise.
Terms Used In Washington Code 64.44.010
- contamination: means polluted by hazardous chemicals so that the property is unfit for human habitation or use due to immediate or long-term hazards. See Washington Code 64.44.010
- Department: means the department of health. See Washington Code 64.44.010
- Hazardous chemicals: means :
Washington Code 64.44.010Officer: means a local health officer authorized under chapters 70. See Washington Code 64.44.010 person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080 Personal property: All property that is not real property. Property: means any real or personal property, or segregable part thereof, that is involved in or affected by the unauthorized manufacture, distribution, storage, or use of hazardous chemicals. See Washington Code 64.44.010
(1) “Authorized contractor” means a person who decontaminates, demolishes, or disposes of contaminated property as required by this chapter who is certified by the department as provided for in RCW 64.44.060.
(2) “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.”
(3) “Department” means the department of health.
(4) “Hazardous chemicals” means:
(a) Methamphetamine in amounts exceeding the decontamination standards set by the department when found in transient accommodations such as hotels, motels, bed and breakfasts, resorts, inns, crisis shelters, hostels, and retreats that are regulated by the department; and
(b) The following substances associated with the illegal manufacture of controlled substances: (i) Hazardous substances as defined in RCW 70A.305.020; (ii) precursor substances as defined in RCW 69.43.010 which the state board of health, in consultation with the pharmacy quality assurance commission, has determined present an immediate or long-term health hazard to humans; and (iii) the controlled substance or substances being manufactured, as defined in RCW 69.50.101.
(6) “Property” means any real or personal property, or segregable part thereof, that is involved in or affected by the unauthorized manufacture, distribution, storage, or use of hazardous chemicals. This includes but is not limited to single-family residences, units of multiplexes, condominiums, apartment buildings, transient accommodations, boats, motor vehicles, trailers, manufactured housing, any shop, booth, garden, or storage shed, and all contents of the items referenced in this subsection.
[ 2021 c 65 § 62; 2017 c 115 § 2; 2013 c 19 § 49; 2006 c 339 § 201; 1999 c 292 § 2; 1990 c 213 § 2.]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Intent—Part headings not law—2006 c 339: See notes following RCW 74.34.020.
Finding—Intent—1999 c 292: “The legislature finds that the contamination of properties used for illegal drug manufacturing poses a threat to public health. The toxic chemicals left behind by the illegal drug manufacturing must be cleaned up to prevent harm to subsequent occupants of the properties. It is the intent of the legislature that properties are decontaminated in a manner that is efficient, prompt, and that makes them safe to reoccupy.” [ 1999 c 292 § 1.]
Effective date—1990 c 213 §§ 2, 12: “Sections 2 and 12 of this act are necessary for the immediate preservation of the public peace, health, or safety or support of the state government and its public institutions, and shall take effect on the effective date of the 1989-91 supplemental omnibus appropriations act (SSB 6407) [April 23, 1990] if specific funding for this act is provided therein.” [ 1990 c 213 § 17.]