Kentucky Department for Public Health
Division of Public Health Protection
& Safety
IMPLEMENTING HOUSE BILL 94
2007 General Assembly
INTERIM GUIDANCE
METHAMPHETAMINE CLEAN UP
Local Health Department Posting
of Drug Contaminated Property
July 2, 2007
INTRODUCTION
Local health departments have been given a task related to the posting of property when a methamphetamine/drug laboratory is identified. Whenever a meth. lab. is discovered at a habitable property, the local health department will be responsible for posting that property until such time as professional clean up has been accomplished. The 2007 state legislature passed House Bill 94 into law, providing direction related to methamphetamine laboratory clean up. This guide will be used as interim guidance, pending field feedback, and processing and approval for inclusion in the Public Health Administrative Reference Guide.
BACKGROUND
The bill creates a new part of subchapter one to KRS Chapter 224. All health department staff who work with environmental hazards or their impact, should read and become familiar with HB 94. The bill spells out testing levels to declare dwellings safe for human habitation. The bill provides for the Environmental & Public Protection Cabinet to create a certification process for vendors to become licensed to provide methamphetamine clean up. The bill also states in para. (3) that “only contractors certified by the Environmental and Public Protection Cabinet shall be authorized to conduct the decontamination services for inhabitable properties.” Of particular interest to public health, the bill (in para. (4)), states that:
“When a state or local law enforcement agency becomes aware that an inhabitable property has been contaminated by its use as a clandestine methamphetamine drug lab, the agency shall, the day that it becomes aware of the contamination, report it by fax or e-mail to the local health department.”
Paragraph (5) provides further guidance and states:
“Upon receipt of a fax or e-mail referred to in inhabitable property provided by a state or local law enforcement agency under subsection (4) of this section, a local health department shall act to protect the public from health hazards posed by methamphetamine contamination of inhabitable property. To carry out this responsibility, a local health department shall rely on its powers under KRS Chapter 212 to post a notice of methamphetamine contamination on each exterior door of the inhabitable property, except in the case of a multi-family housing unit. In that case, the local health department shall post a notice of methamphetamine contamination on each entrance door to that unit. The notice shall warn the public of the health hazards posed by the methamphetamine contamination of the inhabitable property.”
This guide has been crafted to outline notification procedures, response by the health department, considerations, contacts, and actions.
Decontamination
Standard (per House Bill 94)
“The decontamination clean up standard for methamphetamine inside inhabitable property is less than or equal to one-tenth of one (0.1) microgram of methamphetamine per one hundred (100) square centimeters of surface material, unless the cabinet promulgates an administrative regulation providing for a different standard. The cabinet may provide for other standards by administrative regulations as follows:” (NOTE: cabinet, in this instance, refers to the Environmental & Public Health Protection Cabinet.)
(a)”Standards for precursors to methamphetamine that are consistent with the standard for methamphetamine or standards for related hazardous material or hazardous waste; and
(b) The number and locations of surface material samples to be collected based on the circumstances of the contamination and acceptable testing methods. In the absence of an administrative regulation as described in paragraph (b) of this subsection, at least three (3) samples must be collected from the surface material most likely to be contaminated at each property.”
Contractor Clean Up
Process
The Environmental & Public Protection Cabinet (EPPC) has responsibility for establishing a program pertaining to certification of vendors who provide clean up services. Their Division of Waste Management (DWM) will be the responsible agency. The new statute requires clean up to be accomplished by vendors approved through a certification process with EPPC. Private clean up was not made available as an option. When notified by law enforcement of a meth. lab. site in your county/district, the local health department will be responsible to post the property prohibiting entry except by certified cleaning vendors. The property will remain posted until the local health department receives notification from EPPC/DWM that clean up was accomplished by an approved vendor. At that time only, will the health department remove the posting signs.
Notification of Health Department by Law Enforcement
Notification to the local health department that a methamphetamine laboratory has been identified will come via a formal letter of notification from state or local law enforcement. A sample letter is attached for your reference (atch 1 ). The letter should identify the following as a minimum:
- Street and mailing address as appropriate
- Latitude-Longitude of the dwelling in question
- Date and time of the identification as involved in a methamphetamine laboratory operation
- Affirmative statement that the property in question is considered contaminated due to a meth. lab. being discovered on the premises
- Point of contact for questions
The health department will assure that any letter received from law enforcement is authentic and contains sufficient information to positively identify the property in question. If health department leadership feels there is insufficient information in the letter, contact the law enforcement agency sending the letter to obtain the added information. Within 24 hours after receipt of the letter, the health department will post a notice (see atch 2) identifying the property as involved in a meth. lab. operation and creating a quarantine.
NOTE 1: Louisville Metro Health Department is a first
responder for meth. laboratory sites.
Alert notification will be the method of their notification, as opposed
to a letter of notification by law enforcement.
NOTE 2: Authority is not included in this statute change, to post hotels or motels. LHDs may review KRS 212 authority and act based on the facts in each case that involve a hotel or motel.
Notification/Posting Process
When notified in writing of the existence of a methamphetamine laboratory in your jurisdiction, the following action should be taken:
1. The health department will prepare a copy of the posting notice to be placed at all entrances to the facility in question (Attachment two-Notice sample). A health department employee will physically post a copy of the posting document at every entry of the affected location.
a. Standalone Dwellings – A copy of the posting document shall be placed at all entrances to the affected dwelling. Specific information is important in the letter of notification to assure the correct dwelling(s) is identified and quarantined.
b. Multi-family units (Four plexes, duplexes, etc.) – The affected unit shall have a posting document placed at all entrances. At the discretion of the health department based on the facts available, posting shall be in adjacent apartments, rooms, etc. that may also be considered to be affected by contamination. Such posting shall remain in place until EPPC has confirmed in writing the unit is clean. For example, based on the severity of the laboratory contamination reported, the health department may need to post the apartment where the laboratory was found, plus the one upstairs, the one downstairs, and/or directly in front of or behind the lab. This will be a judgment call as degree of contamination will vary based on multiple factors.
2. The local health department will provide three things to the owner:
a. A letter of notification of property isolation due to a meth. lab. (see attachment three).
b. An information packet containing information about methamphetamine as a health and safety hazard, how to contact EPPCs Division of Waste Management concerning clean up, and information on who to contact to discuss financial assistance if needed. The financial information will be made available by the Kentucky Housing Corporation. Funds are limited and are needs based. Those found to have participated in contamination activity will not be eligible.
c. A return letter, to be signed by the owner, acknowledging receipt of the above items (see attached sample).
3. The local health
department will notify the Environmental & Public Protection Cabinet of the
posting of a property by providing a copy of the posting letter to Superfund
Branch Manager,
4. The health department should record the transaction as code 667.
Clean up/Release of Property
In accordance with House Bill 94 (2007) as enacted, the Environmental & Public Protection Cabinet’s Division of Waste Management (DWM) has established guidelines for certification of meth. lab clean up contractors. Only vendors certified by DWM may provide meth. lab. remediation services (EPPC/DWM Policy guidance). A list of certified contractors is available on DWMs website http://www.waste.ky.gov/branches/sf/.
When a vendor has completed clean up on the affected property, they will certify to DWM the clean up has been accomplished through submittal of a Certificate of Decontamination (COD). At that time, DWM will notify the local health department in writing that clean up has been accomplished. The health department will:
a. schedule a member to remove the posting markings from the affected site(s) within two work days of notification.
b. Notify
the
c. Notify the affected local law enforcement agency that clean up has been accomplished and the posting has been removed.
d. Notify the owner the property is considered to be clean, posting has been removed, and the property is ready for re-habitation. (See attached sample letter)
Public Education/Awareness Concerning Methamphetamine
Laboratories.
All agencies have a responsibility to help communities understand the negative affects of methamphetamine use. Additionally, we have a responsibility to help communities understand the health and safety hazards associated with the by-products of methamphetamine laboratories. Each agency shall make reasonable efforts to facilitate community understanding of the affects of meth. use and contamination that results from its use. Joint agency efforts are encouraged.