Chapter 15.38
HAZARDOUS CHEMICALS
Sections:
15.38.080 Health hazards as public nuisances.
15.38.090 Public nuisance declared.
15.38.100 Public nuisance prohibited.
15.38.110 Environmental assessment.
15.38.120 Notification of contamination.
15.38.150 Enforcement – Closure.
15.38.160 Conformance with state enactments.
15.38.010 Title.
This chapter shall be known as the Cowlitz County Hazardous Chemicals Ordinance and is referred to herein as “this chapter.” [Ord. 93-210, § 1, 12-27-93.]
15.38.020 Purpose and policy.
A. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter.
B. It is the specific intent of this chapter to place the obligation of complying with its requirements upon the owner of a dwelling, building, vehicle or premises within its scope, and no provision of nor term used in this chapter is intended to impose any duty whatsoever upon Cowlitz County or any of its officers or employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
C. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the Cowlitz County or its officers, employees or agents for any injury or damage resulting from the failure of the owner of a dwelling, building, vehicle or premises to comply with this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of Cowlitz County by its officers, employees or agents. [Ord. 93-210, § 2, 12-27-93.]
15.38.030 Scope.
The provisions of this chapter provide for the abatement of public health hazards created by the storage, use or handling of hazardous chemicals in dwellings, buildings, vehicles, vessels or premises within the unincorporated and incorporated areas of Cowlitz County, except as otherwise provided in this chapter. [Ord. 93-210, § 3, 12-27-93.]
15.38.040 Applicability.
This chapter shall apply to sites described in CCC 15.38.030. This chapter shall not apply to industrial sites where the manufacturing processes using hazardous chemicals are licensed or regulated by state or federal agencies. [Ord. 93-210, § 4, 12-27-93.]
15.38.050 Administration.
The Health Officer or his designate may develop guidelines to clarify sections of this chapter as needed and make these available for distribution. [Ord. 93-210, § 5, 12-27-93.]
15.38.060 Access.
The Health Officer or his designate may, in the performance of his or her duties and to the full extent permitted by law, examine and survey all sites described in CCC 15.38.030 and associated property without hindrance. The owner, his or her agent, and the occupant shall give free access to the Health Officer or his designate at all reasonable times when required to do so. [Ord. 93-210, § 6, 12-27-93.]
15.38.070 Definitions.
“Approved” means approved in writing by the Health Officer or his designate.
“Closure” means the physical securement of a dwelling, building, vehicle or premises so as to bar or block passage or entry.
“Department” means the Cowlitz County Health Department.
“Hazardous chemical” means any substance used in the manufacture of controlled substances as defined by Chapter 147, Laws of 1988 of the State of Washington, hazardous substances as identified by Chapter 70.105 RCW and federal regulations establishing same, and Chapter 360-38 WAC, Precursor Substance Control regulations.
“Health hazard” means a condition or situation where, in the opinion of the Health Officer, disease and/or injury potential exists and if unabated may endanger the health of the public.
“Health Officer” means Cowlitz County’s local Health Officer appointed under RCW 70.05.050, or his or her authorized representative.
“Owner of record” means that person or persons who has a lawful right of possession of a dwelling, building, vehicle or premises by reason of obtaining it by purchase, exchange, gift, lease, inheritance or legal action.
“Person” means an individual, firm, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
“Precursor” means a raw material for a controlled substance which becomes part of the finished drug product.
“Premises” means a tract or parcel of land with or without habitable buildings.
“Public nuisance” means any unlawful act or omission to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency or unlawfully interferes with, obstructs, or tends to obstruct any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or in any way renders other persons insecure in life, or in the use of property.
“Reagent” means any substance used in a chemical reaction to detect, measure, examine or produce other substances.
“Solvent” means a liquid capable of dissolving another substance.
“State” means the State of Washington.
“Vehicle” means every device capable of being moved upon a public highway and in, upon or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
“Waived” means waived in writing by the Health Officer. [Ord. 93-210, § 7, 12-27-93.]
15.38.080 Health hazards as public nuisances.
Health hazards prohibited:
A. It is a health hazard for the owner, agent or occupant of any dwelling, building, vehicle or premises to suffer or permit the storing, using or handling of hazardous chemicals classified as precursors, reagents or solvents, their containers and all contaminated vessels on the property contrary to the law or the contamination of the property by residue from hazardous chemicals.
B. It is a health hazard for the owner, agent or occupant of a dwelling, building, vehicle or premises to fail to correct any such condition after having been notified by the Health Officer to do so. [Ord. 93-210, § 8, 12-27-93.]
15.38.090 Public nuisance declared.
For purposes of the chapter, the Board declares, finds and determines that the creation or maintenance of a health hazard is a public nuisance. [Ord. 93-210, § 9, 12-27-93.]
15.38.100 Public nuisance prohibited.
A. It is unlawful for any dwelling, building, vehicle or premises to be employed or used as a public nuisance. If it is found to be used or employed as such, it shall be subject to closure.
B. It is unlawful for any person to employ, use, maintain or allow the employment, use or maintenance of a dwelling, building, vehicle or premises as a public nuisance.
C. It is unlawful for any person to use or occupy any dwelling, building, vehicle or premises determined to be a public nuisance after service of notice has been made pursuant to this chapter, unless this provision is waived in writing by the Health Officer.
D. Any occupant who fails to voluntarily cease to use or occupy a dwelling, building, vehicle or premises as required by subsection C of this section may be assessed criminal and/or civil penalties in accordance with this chapter and other county ordinances. Any occupant may also be removed but only pursuant to a court order after notice and an opportunity to be heard by the court having jurisdiction of any action brought pursuant to this chapter. [Ord. 93-210, § 10, 12-27-93.]
15.38.110 Environmental assessment.
A. The Department shall coordinate with other applicable agencies in performing an environmental assessment of a dwelling, building, vehicle, or premises which has been contaminated by the use, handling or storage of hazardous chemicals.
1. The Department may ask for assistance from the Washington State Department of Ecology in the collection of groundwater, surface water, soil, sewage and other samples.
B. If a site is judged to pose long-term environmental or public health threats because of extensive contamination, the Department may refer it to the Washington State Department of Ecology for investigation and possible ranking for clean-up. [Ord. 93-210, § 11, 12-27-93.]
15.38.120 Notification of contamination.
A. The Department shall notify the owner of record by registered mail of the contamination left from the use, storage or handling of hazardous chemicals, the potential exposures from occupying such a dwelling, building, vehicle or premises, and the owner’s potential liability from renting to others.
1. It is the duty of the owner of record to notify all future occupants, renters, home purchasers or real estate agents of the fact that a property has been used to store, use or handle hazardous chemicals.
B. The Department shall notify the public of a dwelling, building, vehicle or premises which has been contaminated by hazardous chemical by posting the dwelling, building, vehicle or premises with a suitable warning sign.
C. The Department shall notify, in writing, any current occupants of a contaminated dwelling, building, vehicle or premises of the potential risks involved with residing therein.
D. When guardians, such as child protective services or relatives, have taken custody of children who have lived in a contaminated dwelling, building, vehicle or premises, they shall be notified of the potential health effects of hazardous chemical exposure by the Department.
E. If the Department determines that contamination to a dwelling, building, vehicle or premises exists, a copy of the registered letter sent to the owner of record will be attached to the deed or title of the dwelling, building, vehicle or premises. [Ord. 93-210, § 12, 12-27-93.]
15.38.130 Decontamination.
A. Property owners shall be advised by the Department to follow the April, 1988 Interim Guidelines for the Reduction of Contamination in Buildings Used as Methamphetamine Drug Labs developed by the Oregon Department of Human Resources, or other guidelines found acceptable by the Department.
B. The Department shall provide owners with a list of companies providing environmental assessment and decontamination services.
C. The owner of record is financially responsible for the decontamination expenses.
D. The owner of record is responsible for keeping records and documenting decontamination procedures and submitting copies to the Department.
E. The owner of record is financially responsible for any testing which is necessary to demonstrate the presence or absence of hazardous chemicals.
F. Once the Department has received verification from the owner of record that appropriate decontamination has taken place, and the Department has visited the site to assess the thoroughness of the clean-up, a second registered letter shall be sent to all affected parties and attached to the deed or title of the dwelling, building, vehicle or premises. This letter will state that:
1. Dwellings, buildings, vehicles and premises cannot currently be certified to be absolutely free of chemical contamination nor can be approved as absolutely safe for reoccupancy by any government entity.
2. The subject dwelling, building, vehicle or premises has been decontaminated according to current acceptable guidelines. [Ord. 93-210, § 13, 12-27-93.]
15.38.140 Enforcement.
A. The Health Officer is authorized to administer and enforce all provisions of this chapter. Nothing contained herein is meant to limit his or her discretion in evaluating and directing compliance with this chapter.
B. This chapter and any guidelines developed pursuant to CCC 15.38.050 shall be enforced pursuant to this chapter.
C. In the event that any dwelling, building, vehicle or premises is found to be in violation of this chapter, the Health Officer may enforce any provision of this chapter against the owner of record of said dwelling, building, vehicle or premises whether or not the owner of record had actual knowledge that said dwelling, building, vehicle or premises was or had been used to create or maintain a public nuisance through health hazard as defined in this chapter.
D. If any dwelling, building, vehicle or premises is employed, used or occupied contrary to the provisions of this chapter, the Health Officer shall give notice to the owner of record requiring him or her, within a reasonable time, to comply with this chapter. Upon failure to comply with this chapter, the Health Officer may institute appropriate legal action to compel the owner of record of the dwelling, building, vehicle or premises to comply with this chapter.
E. Every notice or order in relation to a dwelling, building, vehicle or premises shall be served upon the owner of record allowing a specified reasonable time to comply with the requirements in the notice or order. However, the posting of a copy of the notice or order in a conspicuous place or upon the dwelling, building, vehicle or premises and mailing a copy thereof to the owner of record at his or her last known address shall constitute service of any notice or order required by this chapter, unless otherwise provided.
F. It is unlawful for any person other than the Health Officer to remove, destroy, deface, cover-up or conceal any notice or order posted as provided in this section, except by written permission of the Health Officer. Any person who unlawfully removes, destroys, defaces, covers or conceals any notice or order posted by the Health Officer may be assessed civil penalties in accordance with this chapter or other applicable county ordinances.
G. The Health Officer may extend the time within which to comply with the notice or order, and whenever he or she is satisfied that the health hazard from the dwelling, building, vehicle or premises has ceased to exist, or that the property is fit for human occupancy, may revoke the notice or order.
H. If the owner of record is a corporation, partnership, joint venture, trust, business or any other similar entity, then in that event, the director(s), trustee(s), and/or any member of a joint venture, business or similar entity shall be both jointly and severally liable for each and every proceeding which may arise by and through enforcement of this chapter.
I. In the event the owner of record fails to abate the public nuisance as directed by the Health Officer under this section, the Health Officer may initiate legal proceedings to abate the nuisance. In this event, the owner of record shall be liable for fees and costs incurred in abating the public nuisance, including but not limited to actual attorneys’ fees and costs. [Ord. 93-210, § 14, 12-27-93.]
15.38.150 Enforcement – Closure.
A. In the event the Health Officer finds that a dwelling, building, vehicle or premises constitutes a public nuisance as defined by this chapter, the Health Officer may order that it be closed.
B. The Health Officer or any law enforcement agency is authorized to secure the dwelling, building, vehicle or premises against use or occupancy in the event that the owner fails to do so within the time specified in CCC 15.38.140(E). In the event the Health Officer secures the property, all costs reasonably incurred by the Health Officer to effect a closure shall be recovered from the owner of record of the dwelling, building, vehicle or premises.
1. As used in this subsection, “costs” mean those costs actually incurred by the Health Officer for the physical securing of the dwelling, building, vehicle or premises, including but not limited to actual attorneys’ fees and costs, and surveillance for continuing security by law enforcement officers. [Ord. 93-210, § 15, 12-27-93.]
15.38.160 Conformance with state enactments.
In the event the Legislature adopts legislation regulating hazardous chemicals, this chapter shall be deemed amended to reflect such provisions. [Ord. 93-210, § 16, 12-27-93.]
15.38.170 Waivers.
The Health Officer may, in his or her discretion, waive parts of this chapter upon a showing by an applicant that a waiver may be made by an individual case without placing the safety or health of the public in jeopardy. [Ord. 93-210, § 17, 12-27-93.]
15.38.180 Severability.
Should any part of this chapter be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remainder. [Ord. 93-210, § 18, 12-27-93.]
15.38.190 Effective date.
This chapter shall take effect January 1, 1994. [Ord. 93-210, § 19, 12-27-93.]