Establishes a program for reporting illegal drug manufacturing laboratories, for proceedings to find them unfit for use, for site decontamination, and for certification of decontamination contractors. (SD1)

A BILL FOR AN ACT

SECTION 1. 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 illegal drug manufacturing must be cleaned up to prevent harm to subsequent occupants of the properties. It is the purpose of this Act to ensure that properties are decontaminated in a manner that is efficient, prompt, and that makes them safe to reoccupy.

SECTION 2. Chapter 342J, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING SITES

§342J-A Definitions. As used in this part:

"Authorized contractor" means a person who decontaminates, demolishes, or disposes of contaminated property as required by this part who is certified by the department pursuant to section 342J-E.

"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, but does not include property that at one time was contaminated but has been satisfactorily decontaminated according to procedures established by the state board of health.

"Hazardous chemicals" means the following substances used in the manufacture of illegal drugs:

"Property" means any property, site, structure, or part of a structure that is involved in the unauthorized manufacture or storage of hazardous chemicals. This includes but is not limited to single-family residences, units of multiplexes, condominiums, apartment buildings, boats, motor vehicles, trailers, manufactured housing, or any shop, booth, or garden.

§342J-B Reporting; warning; notice; duties of department. (a) Whenever a law enforcement agency becomes aware that property has been contaminated by hazardous chemicals, that agency shall report the contamination to the department. The department shall post a written warning on the premises within one working day of notification of the contamination and shall inspect the property within fourteen days after receiving the notice of contamination. The warning shall inform the potential occupants that hazardous chemicals may exist on, or have been removed from, the premises and that entry is unsafe. If a property owner believes that a tenant has contaminated property that was being leased or rented, and the property is vacated or abandoned, then the property owner shall contact the department about the possible contamination. The department may charge property owners reasonable fees for inspections of suspected contaminated property requested by property owners.

(b) The department may enter, inspect, and survey at reasonable times any properties for which there are reasonable grounds to believe that the property has become contaminated. If the property is contaminated, the department shall post a written notice declaring that the department intends to issue an order prohibiting use of the property as long as the property is contaminated.

(c) The department shall compile a list of all cases of contaminated property reported to the department. The department may make the list of contaminated properties available to health associations, landlord and realtor organizations, prosecutors, and other interested groups. The department shall promptly update the list of contaminated properties to remove those that have been decontaminated according to provisions of this chapter.

(d) The department may determine when the services of an authorized contractor are necessary.

§342J-C Unfit for use; order; notice; hearing. (a) If, after the inspection of the property, the department finds that it is contaminated, then the property shall be found unfit for use. The department shall cause to be served, either personally or by certified mail, with return receipt requested, an order prohibiting use upon all occupants and persons having any interest therein. The department shall also post the order prohibiting use in a conspicuous place on the property.

(b) If the whereabouts of persons with an interest in the property is unknown and cannot be ascertained by the department in the exercise of reasonable diligence, and the departmental employee in charge of the investigation makes an affidavit to that effect, then service of the order upon the unknown persons may be made either by personal service or by mailing a copy of the order by certified mail, postage prepaid, return receipt requested, to each person at the address appearing on the real property tax records of the county where the property is located or at the address known to the county real property tax office, and the order shall be posted conspicuously at the residence. A copy of the order shall also be mailed, addressed to each person or party having a recorded right, title, estate, lien, or interest in the property. A copy of the order shall also be filed with the bureau of conveyances or land court, as the case may be, and the filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.

(c) The order shall contain a notice that a hearing before the department shall be held upon the request of a person required to be notified of the order under this section. The request for a hearing must be made within ten days of service of the order. The hearing shall then be held within not less than twenty days and not more than thirty days after service of the order. In any hearing concerning whether property is fit for use, the property owner has the burden of showing that the property is decontaminated or fit for use. The department shall prohibit use as long as the property is found to be contaminated. The owner or any person having an interest in the property may file an appeal of any order issued by the department to circuit court. All appeal proceedings shall be subject to section 91-14.

§342J-D Decontamination by owner; requirements. An owner of contaminated property who desires to have the property decontaminated shall use the services of an authorized contractor unless otherwise authorized by the department. The contractor shall prepare and submit a written work plan for decontamination to the department. The department may charge a reasonable fee for review of the work plan. If the work plan is approved, the decontamination is completed, and the property is retested according to the plan and properly documented, then the department shall allow reuse of the property. A release for reuse document shall be recorded in the bureau of conveyances or land court, as the case may be, indicating the property has been decontaminated in accordance with rules adopted pursuant to section 342J-F.

(b) The department may require the successful completion of annual refresher courses provided or approved by the department for the continued certification of the contractor or employee.

(c) The department shall provide for reciprocal certification of any individual trained to engage in decontamination, demolition, or disposal work in another state when the prior training is shown to be substantially similar to the training required by the department. The department may require such individuals to take an examination or refresher course before certification.

(d) The department may deny, suspend, or revoke a certificate for failure to comply with the requirements of this chapter or any rule adopted pursuant to this chapter. A certificate may be denied, suspended, or revoked on any of the following grounds:

(e) A contractor who violates any provision of this part may be assessed a fine not to exceed $500 for each violation.

(f) The department shall prescribe fees by rule for the issuance and renewal of certificates, the administration of examinations, and for the review of training courses.

§342J-F Standards for the decontamination of illegal drug manufacturing sites. The director shall adopt rules establishing standards for the decontamination of a property used as an illegal drug laboratory and methods for the testing of ground water, surface water, soil, and septic tanks for contamination. The rules shall establish decontamination standards for hazardous chemicals, including but not limited to methamphetamine, lead, mercury, and total volatile organic compounds.

§342J-G Remedies not exclusive. Nothing in this part shall be construed to limit state or county authority to act under any other statute."

SECTION 3. (a) Within 90 days of enactment of this measure, the department shall adopt interim procedures and guidance for addressing the environmental emergency and long-term decontamination and cleanup of known illegal methamphetamine labs. Owners of known properties involved in the unauthorized manufacturing or storage of illegal drugs and their precursor hazardous materials shall be subject to these interim procedures until the department can develop a comprehensive and permanent program dealing with the decontamination and remediation of illegal drug manufacturing sites. The department may adopt these procedures without regard to chapter 91, and shall oversee and implement these interim procedures using current state statutes and rules to the extent feasible.

The interim procedures and guidance shall include emergency response and inspection, decontamination, environmental cleanup, and disposal of associated hazardous materials and wastes used in the unauthorized manufacturing or storage of illegal drugs.

(b) The department shall also evaluate the requirements for establishing a statewide program to ensure that properties that were used for illegal drug manufacturing are properly decontaminated and remediated in a manner that is efficient, prompt, and allows for safe re-occupancy or reuse. The evaluation shall include:

The department shall submit a report on its interim procedures, guidance, and evaluation to the legislature twenty days before the start of the 2007 session.

SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. This Act shall take effect on January 1, 2007.