PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-21-062 and 99-21-063.
Title of Rule: Chapter 246-205 WAC, Decontamination of illegal drug manufacturing or storage sites.
Purpose: These rules detail contractor certification requirements, clean-up standards for decontamination of drug sites, and local health officer responsibilities.
Other Identifying Information: In May 2000, the State Board of Health delegated rule-making authority to the department under RCW 43.30.050(3) for the purpose of updating the rules implementing chapter 292, Laws of 1999.
Statutory Authority for Adoption: RCW 64.44.070.
Statute Being Implemented: Chapter 64.44 RCW.
Summary: The proposed rule defines decontamination standards for clandestine drug lab (CDL) sites and addresses local health officer authority to allow property owner decontamination of CDL sites. The proposed rule also addresses sampling performance standards, clarifies certification requirements, and is rewritten to improve clarity, usability, and consistency with chapter 64.44 RCW.
Reasons Supporting Proposal: The proposal implements chapter 292, Laws of 1999, and improves the clarity and usability of the chapter.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carolyn Comeau, Tumwater, (360) 236-3381.
Name of Proponent: Washington State Department of Health, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule protects public health by providing for the decontamination of illegal drug manufacturing and storage sites and reducing the probability of negative health effects associated with them. The primary focus of this rule revision is to comply with the changes made to chapter 64.44 RCW during the 1999 legislature by defining decontamination standards for clandestine drug lab (CDL) sites and addressing local health officer authority to allow property owner decontamination of CDL sites. The proposed rule also addresses recommendations of the 1998 rule review required by Executive Order 97-02, Regulatory Improvement, by including sampling performance standards; clarifying certification requirements; and rewriting the rule to improve clarity, usability, and consistency with chapter 64.44 RCW. The proposed rule incorporates ongoing Department of Health policy on CDL decontamination standards, sampling performance standards, and certification of supervisors. The department expects the proposed rule will provide more consistent decontamination of CDL sites, decreased costs to homeowners of decontamination as a result of local health officers exercising their authority to allow homeowner decontamination, and more consistent compliance with the requirements of the proposed rule as a result of the changes made for clarity, consistency, and usability.
Proposal Changes the Following Existing Rules: In 1999, the legislature revised chapter 64.44 RCW, mandating the department to establish specific numeric decontamination standards for hazardous chemicals found at clandestine drug labs, specifically naming methamphetamine, lead, mercury, and volatile organic compounds (VOCs). These standards are included in the proposed rule. One of the 1999 revisions to chapter 64.44 RCW gives local health officers the authority to allow property owners to decontaminate their own properties. The proposed rule incorporates this change in statute as well. Proper sampling is necessary for accurate analysis and subsequent determinations of contamination or decontamination. The department proposes to adopt standards that provide a basic framework for conducting sampling. Currently, individuals who conduct initial site assessment, sample collection, transportation, and provide testing services are exempt from certification under the existing rule, WAC 246-205-070(2). The proposed rule removes these exemptions because they are contradictory to many other requirements within the chapter for contractor and supervisor certification. Improved coordination of CDL rule requirements with other agencies enables the regulated community to comply with the regulations. This proposed rule removes an inaccurate training requirement and references L&I rules directly. Other revisions to the chapter improve consistency with the authorizing statute and reorganize the rule for clarity and usability.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Introduction: The primary focus of this rule revision is to comply with chapter 64.44 RCW by establishing decontamination standards for clandestine drug lab (CDL) sites and addressing local health officer authority to allow property owner decontamination of CDLs. The proposed rule also addresses recommendations of the 1998 rule review required by Executive Order 97-02, Regulatory Improvement, by including sampling performance standards; clarifying certification requirements; and rewriting the rule to improve clarity, usability, and consistency with chapter 64.44 RCW. The proposed rule incorporates ongoing Department of Health policy on CDL decontamination standards, sampling performance standards, and certification of supervisors.
Most of the proposed changes to chapter 246-205 WAC are made for clarification only and do not impose costs to the regulated community. The changes considered significant are the decontamination standards, sampling performance standards, and supervisor certification clarifications, which are addressed in the accompanying significant analysis. Of these significant rule changes, decontamination standards and supervisor certification requirements are expected to financially impact small business.
Costs: The proposed decontamination standards and supervisor certification requirements of chapter 246-205 WAC are expected to increase costs to business in some areas identified in chapter 19.85 RCW. The department expects compliance, professional services, equipment, labor, and administrative costs to increase as a result of this rule amendment. These costs are quantified below. None of the changes in the proposed rule amendment are expected to increase costs relating to reporting, record keeping, supplies, or lost sales or revenue.
• Decontamination Standards: In 1999, the legislature revised chapter 64.44 RCW, mandating the department to establish specific numeric decontamination standards for hazardous chemicals found at clandestine drug labs; specifically naming methamphetamine, lead, mercury, and volatile organic compounds (VOCs). The proposed decontamination standards are:
| Methamphetamine | 0.1 µg/100 cm2 |
| Lead | 20 µg/ft2 |
| Mercury | 50 ng/m3 in air |
| VOCs | 1 part per million total hydrocarbons and VOCs in air |
Medical laboratories (SIC 8071): In February 2002, the department surveyed five medical laboratories that provide the majority of testing services in Washington to determine whether they could accurately test samples to determine compliance with the proposed decontamination standards. All of the laboratories reported the ability to meet the requirement for lead, mercury, and VOCs. At that time, two of the five laboratories surveyed were unable to meet the analytical requirement for methamphetamine.
The two laboratories that were not able to accurately measure for the proposed methamphetamine decontamination standard were able to measure to 0.2 µg/100 cm2 accurately for individual samples without making any business practice changes. They were able to measure to 0.1 µg/100 cm2 using composite sampling at that time. Composite sampling is an approved method of sampling; however, there are circumstances where single samples are preferred. In these cases, laboratories unable to measure to 0.1 µg/100 cm2 would not be able to provide testing services without a business change.
In a follow-up survey conducted in July 2002 to determine costs associated with the proposed methamphetamine standard, the same three laboratories that reported being able to meet the standard earlier in the year had no increased cost associated with the new standard. One of the two labs unable to meet the new standard earlier in the year reported the need to make some business practice changes, but did not identify any costs associated with those changes. The other lab reported costs associated with meeting the methamphetamine decontamination standard, which are discussed below.
The lab that reported having greater costs associated with the proposed decontamination standard identified increases in labor and equipment costs. Labor costs for the additional time necessary to analyze samples and calculate the level of contamination to the more stringent standard is estimated at $12.50 per sample. Equipment costs associated with the more stringent standard are for additional calibration and repair of equipment, and replacement of worn parts. Equipment costs are expected to increase by $12.50 per sample. This lab estimates analyzing 1,800 to 2,400 samples per year, averaging 2,100 samples per year. Of these samples, approximately 10% are single samples that would require the additional effort and associated costs to meet the more stringent standard. The average number of single samples is 210. The average increase in cost per year as a result of this proposed amendment is expected to be $5,250.
Though the amount of the increase is high, the lab does not expect to increase prices for testing due to existing market conditions and competition from other medical labs. The lab also does not expect this cost to dramatically impact their net income because testing for methamphetamine is a very small part of the laboratory services they provide as a whole, and the lab projects a net income in excess of 1.5 million dollars in 2002. The main reason the lab offers methamphetamine testing is to serve the communities of Washington because of the rising number of illegal drug labs and the adverse health effects associated with them. The lab plans to continue offering this service regardless of the additional costs imposed by this proposed amendment.
CDL Contractors (SIC 1521): Currently contractors consistently decontaminate CDL sites for methamphetamine to 0.5 µg/100 cm2. The proposed standard for methamphetamine decontamination is 0.1 µg/100 cm2. To estimate the increased cost to contractors for this change, the department surveyed Oregon and Washington CDL contractors.
The department surveyed Oregon CDL contractors in 2001 to assist in determining the cost of decontaminating CDL sites to 0.1 µg/100 cm2. The similarities between the two states are significant including economy, type of CDLs, and training. The same training provider is used for contractors in both states. Dissimilarities include Oregon's lower decontamination standard (0.05 µg/100 cm2), higher certification fees, fewer CDL sites, mandatory decontamination of all CDLs, and significantly lower prices for decontaminating CDL sites. Based on the lower price of decontamination with a lower decontamination standard, the department assumes the difference in cost between Oregon and Washington is market driven. The department further assumes that any increased costs to Washington CDL contractors that might result from the proposed standard will be temporary and quickly eliminated as contractors learn to meet the proposed standard.
Specific costs associated with the proposed methamphetamine decontamination standard are not available from Washington CDL contractors. To estimate these costs, possible scenarios were presented to a randomly selected group of contractors in July of 2002. The contractors reviewed and provided input to accurately portray what is likely to happen as a result of the proposed methamphetamine decontamination standard.
Two basic assumptions were made to come to the conclusions on costs identified in the scenarios below. The first is that recleaning to meet the new standard is likely to include only labor costs because the site assessment and workplan preparation and approval has been done, bulk hazardous materials have been removed, decontamination materials have been purchased, and garbage disposal costs have been paid during the initial decontamination. Labor costs include time for a supervisor and worker to clean. The average worker's salary is $21 per hour, and the average supervisor's salary is $31 per hour. The other assumption is that the site almost meets the 0.1 µg/100 cm2 standard after the initial cleaning and recleaning takes minimal time and effort. To reclean, one or two wash and rinses decontaminates the site to meet the proposed standard.
Scenario One: An experienced CDL contractor learns over the course of two houses how to efficiently clean. In the first house, workers must go back and clean half the house a second time. The second cleaning takes two hours. The labor costs are calculated for one worker and one supervisor to clean for two hours ($52/hr x 2 hrs = $104).
The next house needs one room cleaned a second time taking one hour. The only cost is labor ($52/hr x 1 hrs = $52).
Scenario Two: A second experienced CDL contractor also improves efficiency over cleaning two houses. The first contract is for extensive contamination and the entire house must be cleaned a second time. The second decontamination effort takes four hours and the only cost is labor ($52/hr x 4 hours = $208).
The second house requires only cleaning one room a second time and takes only 1 hour. The costs are for labor only (1 hrs x $52/hr = $52).
The total cost of scenario one is $156, averaging $78 per house. The total cost of scenario two is $260, averaging $130 per house. Based on these scenarios, the average overall cost increase per contractor is $208 and $52 per house.
• Supervisor Certification: According to WAC 246-205-070(2), individuals who conduct site assessment, sample collection, transportation (of samples), and provide testing services for CDL contractors are exempt from the certification and training requirements of chapter 246-205 WAC. Elsewhere in the rule there are five supervisor and contractor certification requirements: The five sites that contradict the exemption are supervisor certification requirements described in WAC 246-205-050; supervisor training course requirements described in WAC 246-205-040(3); contractor employment requirements in WAC 246-205-070(3) and WAC 246-205-100(9); and finally, worker and supervisor certification requirements in WAC 246-205-050. Persons providing testing services are not regulated by this rule thus the exemption for this service from certification is not applicable. Certification is stressed for all work performed at CDL sites, including initial site assessment, sample collection, and transportation (of samples). These requirements are in place to protect public health from the hazards found in clandestine drug labs. For public health protection and consistency, the exemptions to supervisor certification are removed in the proposed rule.
In practice, contractors operate as though the exemptions do not exist. This conclusion is based on a survey of all Department of Health certified CDL contractors. We are aware of one person who performs sample collection for local health jurisdictions that is not certified.
The requirements to become certified as a CDL supervisor are submittal of: An application and fee; and evidence of a valid decontamination worker certificate, forty or more hours of on-site experience in hazardous material or illegal drug manufacturing or storage site decontamination projects, satisfying of the requirements of WAC 296-62-30415, successfully completing an approved basic decontamination supervisor course, and passing the supervisor examination with a score of 70% or higher.
The costs associated with removing the exemptions to supervisor certification include all the costs of meeting the requirements of certification. These costs are listed below:
| Requirement | Cost |
| Application costs: Time, Copying, and Postage | Administrative costs: Time: 1 X average worker wage = $21 Copying: 4 @ $.09 = $.36 Postage: $.37 Total: $21.73 |
| 16 hour CDL worker training | Professional services cost: $375 |
| Time | Compliance cost: $336 (16 X average worker wage $21) |
| 8 hour CDL supervisor training | Professional services cost: $225 |
| Time | Compliance cost: $248 (8 X average worker wage $31) |
| Fee | Compliance cost: $28 |
| Total Cost | $1,233.73 |
Disproportionate Costs: The costs imposed by this proposed rule are disproportionate between large and small businesses. This determination is based on the ratios of cost per employee described below.
• Decontamination Standards:
Medical Laboratories (SIC 8071): There are 139 medical laboratories in Washington state employing 3,412 people as reported in the first quarter 2000 SIC. The average number of people employed by the largest 10% of firms is 127.2, and the average number of people employed by the smallest 90% of firms is 9.4, also reported in the first quarter 2000 SIC. To calculate the indirect cost ratio on a per employee basis, the cost of the rule change ($5,250) was divided by the average number of people employed by the top 10% of medical laboratories (127.2) and again by the average number of people employed by the smallest 90% of medical laboratories (9.4). The indirect cost of the proposed decontamination for large medical laboratories is $41.27 per employee and for small medical laboratories is $558.51 per employee.
CDL Contractors (SIC 1521): There are twenty-six department certified CDL contractors in Washington state. There is only one large business CDL contractor in the state, and that contractor employs sixty people. Since we know there is only one business with more than fifty employees performing CDL decontamination, this business was chosen to represent the largest 10% of business affected by these proposed rule amendments. The remaining twenty-five businesses employ between three and five people each (per contractor survey, June 2002), resulting in a conservative average of 3.5 employees per business.
To calculate the cost ratio on a per employee basis, the cost of the rule change ($312) was divided by the average number of people employed by the top 10% of CDL certified contractors (60) and again by the average number of people employed by the smallest 90% of CDL certified contractors (3.5). The cost of the proposed decontamination standards for large CDL certified contractors is $3.47 per employee and for small CDL certified contractors is $59.43 per employee.
• Supervisor Certification:
CDL Contractors (SIC 1521): The same average number of employees was used to calculate the CDL certified contractor cost ratio for the proposed supervisor certification rule amendment as was used for the decontamination standards rule amendment. The cost of the rule change ($1,154) was divided by the average number of people employed by the top 10% of CDL certified contractors (60) and again by the average number of people employed by the smallest 90% of CDL certified contractors (3.5). The cost of the proposed supervisor certification amendment for large CDL certified contractors is $19.23 per employee and for small CDL certified contractors is $329.71 per employee.
Evaluating the cost ratios per employee for the proposed decontamination standards and supervisor certification amendments shows that the costs are disproportionately high for small business. As a result of the determination of disproportionate cost to small business, the department determined that mitigation where legal and feasible is required.
Mitigation Measures: The department is able to provide two mitigating measures as part of the proposed rule changes. One mitigation measure reduces training requirements and one eliminates certification requirements and delays compliance timetables. The department is not able to modify record keeping or reporting requirements, or reduce inspections without jeopardizing public health.
• Eliminating a substantive regulatory requirement and delaying compliance timetables: The second mitigation measure included in the proposed rule eliminates supervisor certification requirements and delays compliance timetables by offering grandfathering for three months after the effective date of the rule to applicants seeking supervisor certification. To qualify for grandfathering, an applicant must demonstrate that their work experience and training is equivalent to the worker and supervisor certification requirements specified in the rule. They must also submit an application and the supervisor certification fee of $28. The department assumes the applicant would also incur the administrative costs of applying for certification ($21.73). The total cost per grandfathered supervisor certification is $49.73, resulting in a total cost saving of $1,184 per certification. The department used the formula described above in the disproportionate costs section for CDL certified contractors to calculate the cost savings per employee for large and small business. Based on this calculation, the department determined that eliminating this regulatory requirement and delaying the compliance timetable resulted in a cost savings ratio per employee for large business CDL certified contractors of $19.73, and for small business CDL contractors of $338.29.
• Reducing a substantive regulatory requirement: One of the elements of the existing rule requires a person applying for worker certification to obtain eighty or more hours of hazardous material training satisfying the requirements of the Department of Labor and Industries (L&I) WAC 296-62-3040. Some time ago, the Department of Health and L&I staff determined that the minimum training required by the L&I rule for CDL decontamination workers is forty hours. The CDL rule requirement of eighty hours of training is inconsistent with WAC 296-62-3040. The Department of Health implements the chapter 246-205 WAC consistent with the L&I requirement of forty hours of training. Consistent with this approach, this proposed rule removes the eighty-hour minimum training requirement and relies on the L&I reference alone. This change results in a potential cost saving of $840 (forty hours of training time multiplied by the average worker wage of $21) and $575 in course fees for a total of $1,415. The department used the formula described above in the disproportionate costs section for CDL certified contractors to calculate the cost savings per employee for large and small business. Based on this calculation, the department determined that reducing this regulatory requirement could result in a cost savings per employee to large CDL contractors in the SIC of $23.58 and to small business CDL contractors in the SIC of $404.29.
• Reducing fine schedules for noncompliance: RCW 64.44.060 does not specifically detail fine schedules for noncompliance. The proposed rule does not change existing rule text regarding assessing fines; however, it allows flexibility so that violations and fines can be addressed on a case-by-case basis. For the purposes of mitigation for small businesses, fines may be reduced as appropriate given the circumstances of the violation. The potential cost savings of this mitigation measure is not quantifiable given the array of potential circumstances that could be presented.
The mitigation measures provided in the proposed rule lower the costs by approximately $43 per employee for large business and approximately $743 per employee for small business. Applying the mitigation measures results in net cost to large business of $20.66 per employee and to small business of $205.07 per employee. The table below illustrates these statements.
| Large Business | Small Business | |
| Overall costs of the proposed rule | $63.97 | $947.65 |
| Less mitigation measures | $43.31 | $742.58 |
| Net cost | $20.66 | $205.07 |
Small Business Involvement in Rule Making: Small business has been involved in modifying this rule as part of the CDL steering committee. The steering committee assisted in drafting proposed legislation to amend chapter 246-205 WAC in 1998, which passed the Washington state legislature in 1999. Small business has been active in this rule development through the steering committee and by providing information via surveys. Those businesses that did not directly participate in steering committee activities were provided copies of draft rules as they became available and contributed comments regularly. Public hearings will be held as part of the regular rule-making process and all CDL contractors and medical laboratories in Washington state will receive notification of the hearing and how to provide comments.
A copy of the statement may be obtained by writing to Carolyn Comeau, Washington State Department of Health, P.O. Box 47825, Olympia, WA 98504, phone (360) 236-3381, fax (360) 236-2261.
RCW 34.05.328 applies to this rule adoption. RCW 34.05.328 provides certain exemptions from the requirement to prepare a significant analysis. Parts of the rule are exempt from this requirement because they "...clarify language of a rule without changing its effect." The proposed rule has been carefully reviewed and significant and other analyses have been prepared.
Hearing Location: Department of Labor and Industries Building, Room S 118, 7273 Linderson Way S.W., Tumwater, WA 98501, on November 26, 2002, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Jo Marie Brauner by November 19, 2002, TDD (800) 833-6388 or (360) 236-3064.
Submit Written Comments to: Carolyn Comeau, Department of Health, P.O. Box 47825, Olympia, WA 98504, fax (360) 236-2261, by November 26, 2002.
Date of Intended Adoption: December 3, 2002.
October 23, 2002
M. C. Selecky
Secretary
OTS-5325.6
AMENDATORY SECTION(Amending Order 268B, filed 4/29/92,
effective 5/30/92)
WAC 246-205-010
Definitions.
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:
(((a))) • Registered under chapter 18.27 RCW; and
(((b))) • 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 70.105 RCW.
(((9))) "Hazardous chemicals" means the following
substances used in the manufacture of illegal drugs:
(((a))) • Hazardous substances as defined in RCW 70.105D.020; and
(((b))) • 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.
(((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:
(((a))) • Single-family residences;
(((b))) • Units or multiplexes;
(((c))) • Condominiums;
(((d))) • Apartment buildings;
(((e))) • Motels and hotels;
(((f))) • Boats;
(((g))) • Motor vehicles;
(((h))) • Trailers;
(((i))) • Manufactured housing;
(((j))) • Any ship, booth, or garden; or
(((k))) • 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:
(((a))) • Reviews the subjects taught in the initial
training course; and
(((b))) • 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 ((or hazardous chemicals)).
(((21) "Subcontractor" means a person hired by an
authorized contractor for the purpose of providing on-site
services.
(22))) "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.
(((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.
"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.
[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.]
(a) Basic worker;
(b) Basic supervisor; and
(c) Refresher worker and supervisor.
(2) To obtain approval of instructors, the applicant must demonstrate that the person has the breadth of knowledge and experience necessary to properly train workers and supervisors.
(3) To obtain approval of course work, the applicant must demonstrate the:
(a) Adequacy and accuracy of content; and
(b) Adequacy of training techniques.
(4) Applicants for training provider certification shall:
(a) Submit a completed training provider application as specified under subsection (5) of this section;
(b) Submit the required fee as specified under WAC 246-205-990; and
(c) Ensure the department receives the application sixty or more days before the requested approval date.
(5) A training provider application includes, but is not limited to:
(a) A completed training provider application form provided by the department;
(b) A list of all personnel involved in course presentation and a description of their qualifications;
(c) Copies of course handouts;
(d) A detailed description of course content and the amount of time allotted to each major topic;
(e) A description of teaching methods;
(f) A list of all audio-visual materials proposed for use;
(g) A list of two hundred questions for development of an examination; and
(h) Copies of all audio-visual materials proposed for use, when requested from the department.
(6) Training provider certification is valid for two years from the date of issuance.
(7) Training provider certification may be terminated if the training provider fails to:
(a) Maintain the course content and quality as approved by the department; and
(b) Make changes to a course as required by the department.
[]
(1) Information on state and federal laws, rules, and regulations applicable to illegal drug manufacturing or storage sites including, but not limited to, Contaminated properties, chapter 64.44 RCW; Precursor drugs, chapter 69.43 RCW; Uniform Controlled Substances Act, chapter 69.50 RCW; Washington Industrial Safety and Health Act, chapter 49.17 RCW; the Federal Occupational Health and Safety Act, 29 U.S.C. 651 et seq.; and this chapter.
(2) Chemical terminology, classifications, and properties related to illegal drug manufacturing.
(3) Illegal drug laboratory characteristics.
(4) First aid.
(5) Adverse health effects of exposure related to illegal drug manufacturing including, but not limited to:
(a) Toxicology; and
(b) Symptomology.
(6) Incompatibility of chemicals related to decontamination.
(7) Techniques and equipment used for decontamination of property.
(8) Handling unknown substances.
(9) State and federal requirements for dealing with hazardous materials including, but not limited to, chapter 173-303 WAC related to:
(a) Disposal;
(b) Transportation;
(c) Storage; and
(d) Reporting.
(10) Training for supervisors must also include, but not be limited to:
(a) Obtaining necessary information for making site assessments;
(b) Initial site assessment;
(c) Initial site sampling;
(d) Work plan development;
(e) Final site sampling;
(f) Report completion; and
(g) Penalties and liabilities.
[]
(2) Department approved refresher worker and supervisor training courses shall provide at a minimum:
(a) A thorough review of the subjects required under WAC 246-205-031;
(b) An update of information on state-of-the-art procedures and equipment;
(c) A review of regulatory changes and interpretation; and
(d) Other subjects if required by the department to update information on new technology and procedures.
[]
(a) Notify the department in writing thirty or more days before training is scheduled to begin. The notification shall include the date, time, and address of the location where training will be conducted;
(b) Limit each class to a maximum of thirty participants;
(c) Incorporate into training any required subject matter developed by the department;
(d) Obtain department approval in advance of any changes to the training; and
(e) Maintain the course content and quality as approved by the department.
(2) Within ten days after a training is completed, the training provider shall provide the department with a list of the names, addresses, and social security numbers of all persons completing a basic or refresher training course.
(3) At the department's request, the training provider shall allow a department representative to attend a training course as an observer to verify that the training provider conducts the training in accordance with the training approved by the department.
(4) Training providers conducting training outside the state of Washington shall:
(a) Reimburse the department at current state of Washington per diem and travel allowance rates for travel expenses associated with department observance of the training courses; and
(b) Submit reimbursement to the department within thirty days of receipt of the billing notice.
[]
(1) A completed training provider application as described in WAC 246-205-021(5); and
(2) A fee as prescribed in WAC 246-205-990.
[]
(a) A completed decontamination worker application;
(b) A fee as prescribed in WAC 246-205-990;
(c) Evidence of satisfying the requirements of WAC 296-62-30410;
(d) Evidence of successful completion of a department sponsored or approved basic decontamination worker course; and
(e) Evidence of passing the basic decontamination worker examination administered by the department with a score of seventy percent or higher.
(2) Applicants seeking certification as a decontamination supervisor shall ensure the department receives the following within sixty days of completing the basic supervisor course:
(a) A completed decontamination supervisor application;
(b) A fee as prescribed in WAC 246-205-990;
(c) Evidence of a valid Washington state decontamination worker certificate;
(d) Evidence of forty or more hours of on-site experience in hazardous material or illegal drug manufacturing or storage site decontamination projects;
(e) Evidence of satisfying the requirements of WAC 296-62-30415.
(f) Evidence of successful completion of a department sponsored or approved basic decontamination supervisor course; and
(g) Evidence of passing the basic decontamination supervisor examination administered by the department with a score of seventy percent or higher.
(3) Applicants for decontamination supervisor certification who can demonstrate that their work experience and training has resulted in experience and training equivalent to the requirements in WAC 246-205-031 and 246-205-071 (1)(c) and (2)(c), (d), and (e) may be certified as a CDL supervisor when they apply prior to May 1, 2003.
(a) For purposes of this subsection, an application includes:
(i) A completed decontamination supervisor application form;
(ii) A fee as prescribed in WAC 246-205-990; and
(iii) Evidence of meeting the requirements of this subsection.
(b) All other decontamination supervisor certification requirements of this chapter apply.
(4) Worker and supervisor certificates are valid for two years from the date of issuance.
(5) Workers and supervisors shall make certificates available for inspection at all times during an illegal drug manufacturing or storage site decontamination project.
(6) The certificate may be denied, suspended, or revoked as described in WAC 246-205-121.
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(2) Certified workers and supervisors seeking certificate renewal shall submit to the department thirty or more days before expiration of the current certificate:
(a) A completed application form for certificate renewal;
(b) A fee prescribed in WAC 246-205-990; and
(c) Evidence of successful completion of a department sponsored or approved refresher training course.
(3) If a previously certified worker applies for certification following expiration of the previous certificate, but less than two years after expiration of the previous certificate, the worker shall:
(a) Submit to the department a completed application form for certificate renewal;
(b) Submit to the department a fee prescribed in WAC 246-205-990; and
(c) Retake the entire basic worker course.
(4) If a previously certified supervisor applies for certification following expiration of the previous certificate, but less than two years after expiration of the previous certificate, the supervisor shall:
(a) Submit to the department a completed application form for certificate renewal;
(b) Submit to the department a fee prescribed in WAC 246-205-990; and
(c) Retake the entire basic supervisor course.
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(2) Applicants for department certification as an authorized contractor, shall submit to the department:
(a) Evidence of being licensed, bonded, and insured as a general contractor under the provisions of chapter 18.27 RCW;
(b) Evidence of department certification for each employee who will do work on an illegal drug manufacturing or storage site;
(c) Documentation that the contractor has at least one department certified supervisor and one department certified worker;
(d) A completed decontamination contractor application form; and
(e) A fee as prescribed in WAC 246-205-990.
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(2) Applicants for reciprocity shall submit to the department:
(a) A completed application form for the type of certification being requested;
(b) Documentation of specialized training for illegal drug manufacturing or storage site decontamination;
(c) Evidence of successful completion of training required by the Federal Occupational Safety and Health Act, 29 U.S.C. 651 et seq.; Washington Industrial Safety and Health Act regulations, chapter 49.17 RCW; and
(d) A fee as prescribed in WAC 246-205-990.
(3) Prior to certificate approval, the applicant may be required to:
(a) Submit additional information;
(b) Successfully complete a refresher course; or
(c) Pass a department-administered examination with a score of seventy percent or more.
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(1) Perform all decontamination work only with department certified workers and supervisors;
(2) File a work plan with and obtain approval from the local health department;
(3) Perform work in accordance with the approved work plan;
(4) Station on site a contractor-employed certified supervisor to oversee the activities performed;
(5) Perform work meeting applicable requirements of state and local building codes;
(6) Comply with applicable Federal Occupational Safety and Health Act, Public Law 91-596, 84 stat. 1590; and Washington Industrial Safety and Health Act regulations and requirements, chapter 49.17 RCW;
(7) Comply with applicable requirements of chapter 70.105 RCW, Hazardous waste management; and chapter 173-303 WAC, Dangerous waste regulations;
(8) Comply with applicable requirements of department of ecology and Environmental Protection Agency regulations;
(9) Comply with applicable contractor regulations;
(10) Notify the state and local jurisdictional health department of all work performed within ten days after completion of the project;
(11) Comply with all other applicable laws and regulations; and
(12) Comply with this chapter.
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(2) Disciplinary action against a decontamination worker, supervisor, or contractor may be taken for failing to comply with the requirements of chapter 64.44 RCW, or any rule adopted under chapter 64.44 RCW. Disciplinary action may be taken on any of the following grounds:
(a) Failing to perform decontamination, demolition, or disposal work under the supervision of trained personnel;
(b) Failing to file a work plan;
(c) Failing to perform work pursuant to the work plan;
(d) Failing to perform work that meets the requirements of the department;
(e) Obtaining a certificate by error, fraud, or misrepresentation; or
(f) If the person has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.
(3) Disciplinary action against a decontamination worker, supervisor, or contractor may include, but not be limited to, denial, suspension, or revocation of certification.
(4) A contractor may be assessed a civil penalty not to exceed five hundred dollars for each violation in addition to certification denial, suspension, or revocation pursuant to this rule. Each day the violation continues shall be considered a separate violation.
(5) Adjudicative proceedings are governed by chapter 34.05 RCW, the Administrative Procedure Act; chapter 246-10 WAC; and this chapter.
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(2) The department's authorized contractor list shall be made available to local health officials and other appropriate agencies semiannually, and to the public upon request.
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(1) Posting property;
(2) Inspecting property;
(3) Determining contamination;
(4) Reporting contaminated property;
(5) Notification of contaminated property;
(6) Determining whether a contractor is required for decontamination;
(7) Verifying decontamination; and
(8) Recording decontamination.
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(2) Within fourteen days of notification, the local
health officer(('s initial notice)) shall((:
(a) Warn the public that entry to the property may be unsafe; and
(b) Not declare the property unfit for use unless in the local health officer's opinion an immediate public health threat exists)) inspect the property.
(3) If((, in the local health officer's opinion, an
immediate public health threat exists)) the property is
contaminated, the local health officer shall ((cause a posting
of)) post a written notice on the premises declaring that the
officer intends to issue an order prohibiting use of ((all or
portions of)) the property as ((required under WAC 246-205-560)) long as the property is contaminated.
(4) ((The local health officer shall cause the posting,
but, based on applicable local regulations or agreements,
actual physical attachment of the written notice to the
property may be effected by the:
(a) Health officer;
(b) Law enforcement personnel;
(c) Fire department personnel; or
(d) Other local health officer designee)) Within ten working days of determining the property is contaminated, the local health officer shall cause to be served an order prohibiting use as required under WAC 246-205-560.
(5) Within one working day of issuance of the order, the local health officer shall post the order in a conspicuous place on the property.
[Statutory Authority: RCW 64.40.070 [64.44.070] and chapter 64.44 RCW. 92-10-027 (Order 268B), § 246-205-520, filed 4/29/92, effective 5/30/92.]
(1) To enable the local health officer to determine contamination, the property inspection shall include, but not be limited to, an acquisition of data such as evidence of:
(a) Hazardous chemical use or storage on site((, the
presence of));
(b) Chemical stains((, or the presence of));
(c) Release or spillage of hazardous chemicals on the property; or
(d) Glassware or other paraphernalia associated with the manufacture of illegal drugs on site.
(2) As part of the property's inspection, the local
health officer ((shall)) may request copies of any law
enforcement reports, forensic chemist reports, and any
department of ecology hazardous material transportation
manifests needed to evaluate:
(a) The length of time ((a person used)) the property was
used as an illegal drug manufacturing or storage site;
(b) The size of the site actually used for the manufacture or storage of illegal drugs;
(c) What chemical process was involved in the manufacture of illegal drugs;
(d) What chemicals were removed from the scene; and
(e) The location of the illegal drug manufacturing or storage site in relation to the habitable areas of the property.
(3) The local health officer may coordinate the property's inspection with other appropriate agencies. At the request of the local health officer, the Washington state department of ecology may conduct an environmental assessment and may sample the property's ground water, surface water, septic tank water, soil, and other media as necessary to enable the local health officer to evaluate the long-term public health threats.
(((4) If the local health officer determines law
enforcement and ecology documents do not provide enough data
to determine whether the property is contaminated, the local
health officer may conduct a site visit or use other methods
of obtaining information, to include a review of the
analytical results obtained through sampling of the property
by an authorized contractor or by the local health officer.))
[Statutory Authority: RCW 64.40.070 [64.44.070] and chapter 64.44 RCW. 92-10-027 (Order 268B), § 246-205-530, filed 4/29/92, effective 5/30/92.]
(a) Nonporous surface;
(b) Porous surface;
(c) Air;
(d) Drinking water;
(e) Ground water;
(f) Surface water;
(g) Soil; and
(h) Septic system.
(2) Collection of samples shall be performed by department of ecology staff; department of health certified CDL supervisors; or local health officers using:
(a) Standards and protocols to ensure accuracy and the ability to produce similar results with repeated sampling;
(b) Proper swabbing techniques to collect a representative sample of the area being sampled; and
(c) Proper care and prudent action to avoid contamination during sampling.
(3) All samples collected, transported, stored, and analyzed under the provisions of this section must be secured to assure an unbroken chain-of-custody as described in the American Society of Testing Materials Standard D 4840.
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(2) If designated ((unfit for use)) contaminated, the
local health officer shall ((cause a posting of)) post and
cause to be served an order prohibiting use of all or portions
of the property as required under WAC 246-205-520 and
246-205-560.
(3) If the local health officer determines the property
is not contaminated ((and is fit for use)), the local health
officer shall document the findings ((for future use)). The
local health officer's documentation shall include:
(a) Findings;
(b) Conclusions;
(c) Name of the property owner;
(d) Mailing and street address of the property owner;
(e) Parcel identification number and legal description of the property; and
(f) Clear directions for locating the property.
[Statutory Authority: RCW 64.40.070 [64.44.070] and chapter 64.44 RCW. 92-10-027 (Order 268B), § 246-205-540, filed 4/29/92, effective 5/30/92.]
(1) Methamphetamine of less than or equal to 0.1 micro grams per 100 square centimeters;
(2) Total lead of less than or equal to 20 micro grams per square foot;
(3) Mercury of less than or equal to 50 nano grams per cubic meter in air; and
(4) Volatile organic compounds (VOCs) of 1 part per million total hydrocarbons and VOCs in air.
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(a) By telephone or e-mail within one working day; and
(b) In writing within ten working days.
(2) The local health officer's written ((unfit for use))
contamination report to the state department of health shall
include:
(a) Description of the findings;
(b) Conclusions;
(c) Name of the property owner;
(d) Mailing and street address, including zip code and county, of the property owner;
(e) Parcel identification number and legal description of the property to including township and section;
(f) Tax account number; and
(g) Date property ((designated unfit for use; and
(h) Clear directions for locating the property)) determined contaminated.
[Statutory Authority: RCW 64.40.070 [64.44.070] and chapter 64.44 RCW. 92-10-027 (Order 268B), § 246-205-550, filed 4/29/92, effective 5/30/92.]
(2))) Within ten working days after the local health officer's determination that a property is contaminated, the local health officer shall cause to be served, either personally or by certified mail, return receipt requested, an order prohibiting use to all known:
(a) Occupants; and
(b) Persons having an interest in the property as shown upon the records of the auditor's office of the county in which the property is located.
(((3))) (2) If the whereabouts of persons described under
subsection (((2))) (1) of this section is unknown and the same
cannot be ascertained by the local health officer in the
exercise of reasonable diligence, and the health officer makes
an affidavit to that effect, then the serving of the order
upon such persons may be made by:
(a) Personal service; or
(b) Mailing a copy of the order by certified mail, postage prepaid, return receipt requested:
(i) To each person at the address appearing on the last equalized tax assessment roll of the county where the property is located; or
(ii) At the address known to the county assessor.
(((4))) (3) The local health officer shall also mail a
copy of the order addressed to each person or party having a
recorded right, title, estate, lien, or interest in the
property.
(((5))) (4) The local health officer's order shall:
(a) Describe the local health officer's intended course of action;
(b) Describe ((a property owner's)) the penalties for
noncompliance with ((this)) the order;
(c) Prohibit ((a property owner's)) use of all or
portions of the property as long as the property is
contaminated;
(d) Describe what measures a property owner must take to have the property decontaminated; and
(e) Indicate the potential health risks involved.
(((6))) (5) The local health officer shall:
(a) File a copy of the order prohibiting use of the
property with the county auditor; ((and))
(b) Provide a copy of ((such)) the order to the local
building ((permit)) or code enforcement department; and
(c) Post the order in a conspicuous place on the property within one working day of issuance of the order.
(((7))) (6) The local health officer's order shall advise
that:
(a) A hearing before the local health officer or local
health board shall be held upon the request of a person
required to be notified of the order ((as required under this
chapter)); ((and))
(b) The person's request for a hearing shall be made
within ten days of the local health officer's serving of the
order; ((and))
(c) The hearing shall ((then)) be held ((within)) not
less than twenty days ((or)) nor more than thirty days after
the serving of the order; and
(d) In any hearing concerning whether property is ((fit
for use)) contaminated, the property owner has the burden of
showing that the property is decontaminated ((or fit for use))
and meets the decontamination standards of WAC 246-205-541.
[Statutory Authority: RCW 64.40.070 [64.44.070] and chapter 64.44 RCW. 92-10-027 (Order 268B), § 246-205-560, filed 4/29/92, effective 5/30/92.]
(2) The local health officer shall provide the property owner with a list of authorized contractors upon request.
(3) The property owner shall have a written work plan
approved by the local health officer before ((commencing
contamination reduction, the property owner shall have a
written work plan to reduce contamination of the property
prepared by the contractor and approved by the local health
officer)) starting decontamination. The work plan shall
((outline the contamination reduction and waste disposal
procedures the contractor intends to use)) address each item
identified in WAC 246-205-031(10).
(4) When an authorized contractor is required for decontamination, the contractor shall prepare the work plan in accordance with this chapter and chapter 64.44 RCW. When the local health officer determines the services of an authorized contractor are not necessary, the local health officer shall take appropriate measures to ensure the property is decontaminated consistent with the purposes of chapter 64.44 RCW.
(5) The property owner ((and)) or the contractor shall
((follow the state department of health contamination
reduction guidelines or other more stringent procedures as
deemed appropriate by the local health officer)) decontaminate
the property according to the approved work plan and to meet
the decontamination standards described in WAC 246-205-541.
(((5))) (6) The property owner shall be responsible for:
(a) ((Financially responsible for)) The costs of any
property testing which may be required to demonstrate the
presence or absence of hazardous chemicals;
(b) ((Financially responsible for)) The costs of the
property's ((contamination reduction)) decontamination and
disposal expenses, as well as costs incurred by the local
health officer resulting from the enforcement of this chapter;
(c) ((Responsible for)) Keeping records documenting
((contamination reduction)) decontamination procedures and
submitting notarized copies of all records to the local health
officer; and
(d) ((Responsible for)) Petitioning the local health
officer to review the ((contamination reduction))
decontamination records and to declare the property ((fit for
use)) decontaminated.
[Statutory Authority: RCW 64.40.070 [64.44.070] and chapter 64.44 RCW. 92-10-027 (Order 268B), § 246-205-570, filed 4/29/92, effective 5/30/92.]
(((a))) (1) Shall review the documentation to verify
((reduction of contamination to acceptable levels for
reoccupancy as stated in state department of health guidelines
or other more stringent requirements as deemed appropriate by
the local health officer;
(b))) decontamination was performed according to the approved work plan and the applicable decontamination standards in WAC 246-205-541 are met;
(2) May visit the property site to assess the
thoroughness of the ((contractor's clean-up)) decontamination;
(((c))) (3) May require the property owner to provide
more extensive testing and assessment of the property site by
an independent laboratory or firm qualified to perform such
testing and assessment.
(((2) If, after review of the information in subsection
(1) of this section, the local health officer determines the
property has been decontaminated, the local health officer
shall within ten working days:
(a) Record a notice in the real property records of the county auditor where the property is located indicating that to the best of his or her knowledge, the basis upon which the property was originally declared unfit for use has been addressed by decontamination in accordance with board of health and department of health rules and guidelines.
(b) Send a copy of the notice to the property owner.
(c) Send a copy of the notice to the state department of health.
(d) Send a copy of the notice to the local building permit department.))
[Statutory Authority: RCW 64.40.070 [64.44.070] and chapter 64.44 RCW. 92-10-027 (Order 268B), § 246-205-580, filed 4/29/92, effective 5/30/92.]
(1) Record a release for reuse document in the real property records of the county auditor where the property is located indicating that to the best of his or her knowledge, the property was decontaminated in accordance with this chapter.
(2) Send a copy of the release to the property owner.
(3) Send a copy of the release to the state department of health.
(4) Send a copy of the release to the local building or code enforcement department.
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The following sections of the Washington Administrative Code are repealed:
| WAC 246-205-020 | Authorized contractor services. |
| WAC 246-205-030 | Courses for training workers and supervisors. |
| WAC 246-205-040 | Training course approval. |
| WAC 246-205-050 | Worker and supervisor certification. |
| WAC 246-205-060 | Worker and supervisor certificate renewal. |
| WAC 246-205-070 | Authorized contractor certification. |
| WAC 246-205-080 | Reciprocity. |
| WAC 246-205-090 | On-site supervision. |
| WAC 246-205-100 | Performance standards. |
| WAC 246-205-110 | Denial, suspension, revocation of certification, and civil penalties. |
| WAC 246-205-120 | Authorized contractor certification list. |