RCW 69.50.51

RCW 69.50.51 allows the Department of Ecology to arrange for clean up of meth lab operations/wastes. It reads as follows:

RCW 59.50.51 Clean-up of hazardous substances at illegal drug manufacturing facility – Rules. Law enforcement agencies who during the official investigations 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(5),[1]

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[2] 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. (1989c271 228.)

1. RCW 70.105D.020(5) is found in the Definitions section of the Hazardous Waste Cleanup – Model Toxics Control Act, wherein hazardous substance is defined by statute.

2. As of 3/11/97 the Department of Ecology has not seen the need to adopt rules to implement its responsibilities under this act. Ecology addresses its responsibilities via policies and procedures found in the Spill Response Operation Manual and through cost recovery procedures used by the agency.

 


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