Washington Administrative Code › Title 246 - Health, Department of › ENVIRONMENTAL HEALTH › Chapter 246-205 - Decontamination of illegal drug manufacturing or storage sites › Section 246-205-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
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:
* Registered under chapter 18.27 RCW; and
* 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
				70A.300 RCW.
(9) "Hazardous
				chemicals" means the following substances used in the manufacture of illegal
				drugs:
* Hazardous substances as defined in RCW    70A.305.020;
				  and
* 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.
(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:
* 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.
(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:
* Reviews the subjects taught in the initial training course;
				  and
* 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.
(21) "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.
(22) "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.
(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.
Statutory Authority:
					 RCW
					    64.44.070. 03-02-022, § 246-205-010,
					 filed 12/23/02, effective 1/23/03. 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.