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Home My WebLink About20053403.tiff Page 1 of 1 • Carol Harding From: Bruce Barker Sent: Thursday,August 04, 2005 2:17 PM To: Carol Harding Subject: Meth Regulations Attachments: Meth Regs.doc See the attached. Please get these started through the process. Thanks! 8/5/2005 2005-3403 CHAPTER 14 Health and Animals ARTICLE VI Rules and Regulations for Methamphetamine Laboratory Cleanup Sec. 14-6-10. Authority and purpose. Pursuant to 25-1-507(1)(h) and (j), C.R.S., the Department is authorized to enforce these regulations in Weld County. The purpose of these regulations is to ensure that chemical contamination of properties from the manufacture of methamphetamine is cleaned, or the properties demolished, to prevent harm to subsequent occupants,visitors and users of the properties, and users of neighboring properties, and to protect the environment. Sec. 14-6-20. Definitions. As used herein, the definitions adopted in Section 25-18.5-101, C.R.S., relating to Illegal Drug Laboratories, and definitions adopted by the Colorado State Board of Health in 6 CCR 1014-3, Section 3.0 relating to Regulations Pertaining to the Cleanup of Methamphetamine Laboratories, are hereby adopted by reference. In addition, the following definitions are adopted: Certificate of compliance means an official document that will be recorded with the Weld County Clerk and Recorder. The document is intended to rectify a Certificate of Non-Compliance once a property has met the cleanup conditions stated herein. Certificate of non-compliance means an official document that will be recorded with the Weld County Clerk and recorder when a property has failed to comply with this regulation. Closure placard means a sign posted on a property, or a portion of a property, by the Department which indicates that no person may lawfully occupy or use a property, except for the purpose of decontamination or demolition. Consultant means a Certified Industrial Hygienist by American Board of Industrial Hygienists. Contractor means one or more individuals or commercial entities hired to perform the cleanup and/or remediation of the contaminated property, in accordance with 6 CCR 1014-3. The Department may establish qualification requirements for cleanup contractors. Department means the Weld County Department of Public Health and Environment, or its authorized agents and employees. Fit for use means a designation by the Department that a property, or a portion of a property, has been decontaminated or demolished in accordance with these regulations, and cleanup levels required by 6 CCR 1014-3 have been achieved,and all applicable fees have been paid. Imminent health hazard means a condition that requires immediate corrective action to prevent endangerment of public health. Initial observation means a determination by a qualified law enforcement officer that a property may be contaminated by chemicals from the manufacture of methamphetamine. Personal property means any property that is not real property, including but not limited to: vehicles, clothing,appliances, furniture, and electronics. Preliminary assessment means a documented evaluation of a property by a Consultant to determine the current condition, including the nature and extent of observable and detectable contamination, chemical storage and disposal. Unfit for use means a designation by the Department that a property, or a portion of a property,has not been decontaminated in accordance with these regulations, or has contaminant levels from the manufacture of methamphetamine in excess of those specified in 6 CCR 1014-3, or appropriate fees have not been paid, and may not be used or occupied,except for the purpose of decontamination or demolition. Work plan means a plan written by a consultant of the actions planned to decontaminate a property contaminated by the manufacture of methamphetamine. Sec. 14-6-30. Powers and duties. The Department shall have the power and authority to administer these regulations,and may: A. Make appropriate investigations, inspections, reviews, and evaluations regarding any property reasonably believed to have chemical contamination from the manufacture of methamphetamine. B. Place closure placards on a contaminated property. C. Issue notices and orders to a property owner to decontaminate or demolish a property in accordance with these regulations,and in accordance with 6 CCR 1014-3. D. Issue permits and charge fees as approved by the Board of County Commissioners to implement these regulations. E. Provide oversight of decontamination activities required in accordance with these regulations. F. Deny, suspend, or revoke a decontamination permit of any person who fails to comply with the requirements of these regulations. G. Order the closure of any property that fails to meet any requirement of these regulations. H. Establish qualifications for Contractors and Consultants. I. These Powers and Duties shall pertain to properties located in both incorporated and unincorporated areas of Weld County, unless the municipal governing authority has internal statutes and/or procedures. The municipal governing authority may opt to utilize the Department for the final 'fit for use' determination. Sec. 14-6-40. Decontamination/demolition. A. The Department shall require the owner of a property to restore it to a condition that is fit for use by either decontamination or demolition at the option of the property owner. B. A property owner shall cause his property to be fit for use by either decontamination or demolition in accordance with these regulations,25-18.5-103,C.R.S.,and 6 CCR 1014-3. C. Decontamination of properties shall be conducted within the time lines outlined in this Section of the Code and shall not exceed 6-months after notification has been served to the property owner in accordance with Section 14-6-50 B.4 of this Code. D. A property owner who chooses to cause his property to be fit for use by demolition shall complete such demolition within thirty (30) days following notice by the Department that the property is unfit for use, or within such additional time as may be approved by the Department upon written request of the property owner. E. The processing of a property used for the manufacture of methamphetamine by law enforcement does not constitute decontamination. F. No personal property, as defined in Section 14-6-20 of this Code, may be removed from the structure unless it will be disposed or appropriately decontaminated in accordance with 6 CCR 1014-3. 1. Owners of personal property contained within a structure suspected of being used for the manufacture of methamphetamine, shall be allowed to remove those belongings that are deemed necessary for day to day activities,such as clothing and toiletries. a. This Department recommends those belongings only be removed from enclosed areas such as dressers and closets that may limit the personal property's exposure to contamination. b. These personal property items shall be placed in a sealed plastic bag for removal prior to decontamination,to avoid possible contamination of other property or persons. c. Items of clothing should be immediately laundered. d. Other personal property items should be thoroughly washed with soap and water. e. The local law enforcement agency and Department should be contacted prior to entry into the structure. Sec. 14-6-50. Procedures. A. Contaminated Property Reports. 1. Law enforcement agencies are encouraged to report properties known or suspected of being contaminated by the manufacture of methamphetamine to the Department. 2. If a property owner knows, or reasonably suspects, that his property has been used in the manufacture of methamphetamine, the owner shall report the potentially contaminated property, along with his name and address, and all other owners' names and addresses,to the Department. 3. Any person who knows, or reasonably suspects, that a property has been used in the manufacture of methamphetamine may file a report with the Department. 4. Before taking any other action with regard to such a report filed by a property owner or any other person, the Department shall forward the information to the appropriate law enforcement agency. The Department shall only proceed after the law enforcement agency has completed its investigation. B. Closure Placards. Within 24-hours upon receipt of notification,the Department will post a closure placard(Appendix A), or request the appropriate law enforcement agency to post a closure placard, on a property when the initial observation by a law enforcement agency has verified that the property was used for the manufacture of methamphetamine and is,therefore,potentially harmful to human health. Each exterior doorway of the property, or other appropriate place on the property, shall be posted with closure placards. 1. Entry of any property posted with a closure placard is restricted to: a. The property owner. i. Owners of personal property contained within a property posted with a closure placard shall notify the owner of the real property before entering. b. The consultant. c. Decontamination or demolition contractor personnel. d. Department, law enforcement;in the performance of their official duties. 2. Any person entering a property posted with a closure placard shall wear appropriate personal protective equipment to protect from inhalation and dermal contamination. a. Prior to entering a property posted with a closure placard, every effort should be made to allow the structure to air out. b. Any person entering a property posted with a closure placard does so at his/her own risk. This Department takes no responsibility for any injury incurred at any time by any person entering a property posted with a closure placard. 3. A closure placard shall display the following information: a. Any special prohibitions or conditions in effect. b. The address of the posted site. c. The name and telephone number of the Department. d. That removal of any items from the property is prohibited, except as allowed by this section of the Code. 4. When closure placards are posted,the Department shall immediately notify the property owner,by certified mail, that the property is unfit for use and order the owner to comply with 25-18.5-103(1), C.R.S.,by either decontamination or demolition of the property at the option of the property owner. 5. The Department may take additional measures to ensure that access to the property is secured, including but not limited to, requiring perimeter fencing. These security measures shall remain in place until the Department has made a determination that the property is fit for use, or until the property is demolished. C. Preliminary Assessment. 1. Within thirty(30) days following receipt of a compliance order from the Department,the property owner shall either demolish said property, or submit a preliminary assessment prepared by a consultant in accordance with 6 CCR 1014-3. The preliminary assessment shall be used by the Department to determine if the property is fit for use,or unfit for use. a. If the preliminary assessment reasonably indicates that contaminant levels do not exceed clean-up levels specified in 6 CCR 1014-3, the Department shall designate the property fit for use, the closure placards shall be removed, and no further action shall be taken. The property owner shall receive written notice of this determination, along with other governing agencies, as applicable, and this notice will be kept on file at the Department. i. A fee will be assessed for review of the Preliminary Assessment. If the resulting determination warrants clean up, this fee may be applied towards the Decontamination Permit fee. b. If the preliminary assessment reasonably indicates that contaminant levels do exceed clean-up levels specified in 6 CCR 1014-3,the Department shall notify the property owner that a work plan prepared by the property owner's consultant in accordance with Section 25-18.5-103(1), C.R.S, shall be submitted to the Department. D. Work Plan. When notified of the requirement for a work plan,the property owner shall submit the work plan to the Department within fifteen(15)days,except that,when one or more imminent health hazards have been identified by the Department, the work plan or other emergency action may be required sooner than fifteen days. The Department may also extend the deadline for a work plan provided there is no substantially increased threat to public health. 1. The Department shall approve the work plan before issuing a decontamination permit for the property. 2. If deemed necessary by the Department, modifications to the work plan may be ordered. The Department shall approve any modifications to the work plan prior to implementation. E. Decontamination Permit. 1. The Department shall require a permit for the decontamination of any property contaminated by methamphetamine(manufacturing). 2. A decontamination permit shall only be issued after the Department receives a preliminary assessment, an approved work plan, a completed permit application, and the applicable fee from the property owner. 3. The decontamination permit fee shall cover a one-time review, approval and inspection process as follows: a. Approval of the work plan. b. Review of the final report. c. A final property inspection. 4. Additional Services. Additional reviews, inspections, re-inspections, or requests for Department services will result in additional hourly fees as authorized by the Board of County Commissioners. F. Final Report. A final report prepared by a consultant shall be submitted by the property owner to the Department following completion of the decontamination.The final report shall be prepared in accordance with the requirements of 6 CCR 1014-3. The Department shall review the final report and conduct a final property inspection to determine if the property is fit for use, or unfit for use. The Department may require additional testing in order to make this determination. The Department shall maintain the final report for a period of five years. G. Determination. 1. Fit for use. a. The Department shall determine the property is fit for use if it has been decontaminated in accordance with these regulations and the requirements of 6 CCR 1014-3, and all fees have been paid. b. After a property has been determined to be fit for use, Department placards shall be removed from the property and the decontamination permit finalized indicating that the property is fit for use. The decontamination permit will be forwarded to the property owner and copies sent to other local governing agencies as appropriate. 2. Unfit for use. a. The Department shall determine that the property is unfit for use if it has not been decontaminated in accordance with these regulations or the requirements of 6 CCR 1014-3, or if applicable fees have not been paid. b. If it is determined that the property is unfit for use, it shall remain closed until decontamination or demolition is complete. c. If the property owner contests a Department determination that a property is unfit for use, the owner may have the Consultant submit a re-evaluation based on the original Work Plan, in order to come into compliance with the applicable requirements. The Department will then re-evaluate its determination. d. If the property is determined to be unfit for use after re-evaluation, a new Work Plan must be submitted by the Consultant detailing how the property will be brought into compliance. An additional service fee will be assessed. 3. A determination by the Department that a property meets the requirements of these regulations, and 6 CCR 1014-3, does not supersede the regulatory authority of other local, State, or federal agencies which may also have required closure of the property. Sec. 14-6-60. Property owner responsibilities. When the Department closes a property, the property owner shall use reasonable means to keep the property secured against entry or occupancy by anyone, except as provided by these regulations, until such time as the Department determines that the property is fit for use, or the property is demolished. If the property owner does not maintain the security of the property, the Department may use any reasonable means to secure it and may charge any costs incurred to the owner. Sec. 14-6-70. Enforcement. A. Department inspections may be made with the consent of the property owner, occupant, or other responsible person. If consent is not granted,a search may be made pursuant to a search warrant issued by a court of competent jurisdiction. B. If the Department has inspected a property and determined that the property owner is in violation of these regulations, or has reasonable grounds to believe that the property owner is in violation of these regulations,the Department shall issue an appropriate notice and order to the property owner. C. A notice and order issued by the Department shall: 1. Describe the property where the violation has occurred,and the owner or owners of the property. 2. Identify the violation(s)according to one or more sections of these regulations. 3. Identify the requirement(s)to achieve compliance with these regulations. 4. Set a reasonable time period for the property owner or owners to achieve compliance. 5. Any administrative hearing would be heard in accordance with Section 2-4-50 of this Code. D. The Department shall serve a notice and order by Certified mail to the last known address of the property owner. Other methods of service may be substituted if reasonably calculated to give actual notice to the owner of the property. E. If the property owner fails to comply with the order, and no appeal has been properly filed, the Department may file in the office of the County Clerk and Recorder a Certificate of Non-Compliance describing the property and certifying that the property is in violation of Department regulations as set forth in a notice and order. If a Certificate of Non-Compliance is filed,and subsequently, all violations have been corrected, and all fees have been paid, the Department shall file a Certificate of Compliance with the County Clerk and Recorder certifying that the violations described in the notice and order have been corrected. F. Within five(5)working days after a property owner has received a notice and order,he may request in writing an administrative hearing with the Weld County Health Officer. An appeal may be filed to contest the specific terms of the notice and order or contest the underlying basis for the notice and order. If the Department does not receive the written request for an administrative hearing within the five (5) working days,the notice and order is final and may not be appealed to any administrative entity or court. G. Any person conducting any activity, operation, or condition in violation of these regulations, who after being ordered to abate, correct, or discontinue such activity, operation or condition, continues in violation of the order may be prosecuted pursuant to the provisions of 16-13-307, C.R.S., and 16-13-305(1)(f), C.R.S.,as a Class 3 public nuisance. H. Each day any violation of these regulations is committed or permitted to continue shall constitute a separate violation. I. Upon approval by the Board of County Commissioners, the Department may file suit, or request criminal prosecution through the Office of the District Attorney, or otherwise as provided by law, for injunctive relief, imposition of civil or criminal sanctions, collection of fees, and such other relief as is provided by law to correct any condition that exists in violation of these regulations. J. In addition to any penalties imposed by a court of competent jurisdiction, any person found guilty of violating a provision of these regulations shall be liable for all expenses incurred by the Department in removing or abating any nuisance condition caused by the violation, including administrative fees that the Board of County Commissioners may adopt. K. The regulations set forth in this Article 6 of Chapter 14 of the Code shall apply in all areas of Weld County, including, but not limited to, within incorporated municipalities, unless such municipality has adopted regulations regarding the same subject and no less strict than those herein set forth. Appendix A WELD COUNTY DEPARTMENT 0 OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th Avenue • Greeley, CO 80631 Bc (970)304-6415 • Fax (970)304-6411 COLORADO DUE TO CHEMICAL CONTAMINATION FROM THE MAUFACTURE OF METHAMPHETAMINE: This building at , Weld County, Colorado MAY BE HAZARDOUS TO HUMAN HEALTH AND IS HEREBY ORDERED ♦•♦ CLOSED TO ENTRY ••• Except as provided in Chapter 14, Article VI, of the Weld County Code SPECIAL CONDITIONS AND/OR PROHIBITIONS: Hello