[Ord. No. 811-13 §I, 7-17-2013]
Purpose. Pursuant to the City of Byrnes Mill, Missouri Building Codes, the following standards, requirements and protocols are established for the cleanup of illegal laboratories used to manufacture methamphetamine which property owners are required to meet.
Applicability. The requirements of this Section apply when the owner of property that has been posted as an unsafe structure or as a dangerous building receives notification from the Code Official of the City of Byrnes Mill, Missouri that chemicals, equipment, or supplies indicative of a drug laboratory were located at the property, or when a drug laboratory is otherwise discovered, and the owner of the property where the drug laboratory was located has received notice.
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
- AGENT OF THE OWNER
- A current employee or representative of the owner of record who was in the employ of that owner at the time the property was determined to be an illegal drug manufacturing site; or is a current employee or representative of any new owner and who was a representative.
- A structure which has the capacity to contain humans, animals, or property.
- CHEMICAL STORAGE AREA
- Any area where chemicals used in the manufacture of methamphetamine are stored or have come to be located.
- CODE OFFICIAL
- The Director of Public Works of the City of Byrnes Mill, Missouri or his designee.
- A chemical residue that may present an immediate or long-term threat to human health and the environment.
- CONTAMINATION OR CONTAMINATED
- The presence of chemical residues which may present an immediate or long-term threat to human health or the environment.
- One (1) or more qualified individuals or commercial entities hired to perform work in accordance with the requirements of this protocol.
- COOKING AREA
- Any area where methamphetamine manufacturing is occurring or has occurred.
- DANGEROUS BUILDING
- A building, a structure or premises that have the defects contained in Chapter 505 of the City of Byrnes Mill, Missouri Building Code.
- The process of reducing the level of contamination to the lowest practical level using currently available methods. At a minimum, decontamination must reduce contamination of specified substances below the concentrations allowed by this protocol.
- The City of Byrnes Mill Public Works and Code Enforcement.
- Handling, transportation and ultimate disposition of materials removed from contaminated properties.
- Preserving a record of an observation through writings, drawings, photographs, or other appropriate means.
- FUNCTIONAL SPACE
- A space where the spread of contamination may be expected to occur relatively homogeneously, compared to other functional spaces. The "functional space" may be a single room or a group of rooms designated by an inspector who, based on professional judgment, considers the space to be separate from adjoining areas with respect to contaminant migration. Typical examples of functional spaces include a crawl space, an attic, and the space between dropped ceiling and the floor or roof deck about.
- A physical material onto which sample substrate is collected. Media includes gauze, glass fiber filters, etc.
- Dextro-methamphetamine, levo-methamphetamine, and unidentified isomers of the same, any racemic mixture of dextro/levo methamphetamine, or any mixture of unidentified isomers of methamphetamine. The term includes derivatives, conjugates, oxides and reduced forms of the basic structure associated with the formation of methamphetamine. For the purposes of this protocol, this term includes amphetamine, ephedrine and pseudoephedrine.
- Any individual, public or private corporation, partnership, or association.
- Anything that may be subject of ownership or possession, including, but not limited to, land, buildings, structures, vehicles and personal belongings.
- PROPERTY OWNER
- The purposes of real property, the person holding fee title to real property. "Property owner" also means the person holding title to a manufactured home. With respect to personal property, the term means the person who lawfully owns such property.
- The taking out or stripping of material or surfaces to eliminate the potential for exposure to contaminants on or in the material or surfaces.
- The material being collected. Substrates may include soils, water, painted surfaces, carpet or carpet debris, unidentified powders, dust, etc.
- UNSAFE STRUCTURE
- Any structure in violation of the City of Byrnes Mill, Missouri Building Code the use of which constitutes a hazard to safety, health or public welfare as defined therein.
- VACUUM SAMPLE
- A non-airborne dust sample collected from a known surface area of a porous surface or material using standard micro-vacuum sampling techniques.
- WASTE DISPOSAL AREA
- Any area where chemicals used or generated in the manufacture of methamphetamine are disposed or have come to be located.
- WIPE SAMPLE
- A surface sample collected by wiping a sample media on the surface being sampled.
Assessment. When law enforcement personnel discover property where methamphetamine has been produced, or where the equipment and chemicals to produce methamphetamine are present in sufficient quantities to warrant enforcement action, they will take samples using a methamphetamine field test kit. The field test used shall be approved by the Code Official and shall measure the presence of methamphetamine residue on surfaces at a level that is at least as high as the level established in Subsection (F) below. This assessment shall be performed by personnel who the Chief has determined are appropriately trained and the assessment shall include, but not be limited to, the following:
Assessment of the number and type of structures present on the property where methamphetamine may have been produced.
Identification of structural features that may indicate separate functional spaces, such as attics, false ceilings and crawl spaces, basements, closets and cabinets.
Identification of the manufacturing methods based on observations, reports from law enforcement personnel and knowledge of manufacturing methods.
Identification of possible areas of contamination based on visual observation, reports from law enforcement personnel, proximity to chemical storage areas, waste disposal areas, or cooking areas, signs of contaminations such as staining, etching fire damage, outdoor areas of dead vegetation or based on the professional judgment of the person collecting the samples.
Identification of adjacent units and common areas to determine the likelihood that contamination has spread or may have been tracked.
Identification of common ventilation systems with adjacent units or common areas.
On the basis of the analysis of these areas and the judgment of the person collecting the data, a sampling plan will be formulated to determine the areas with the greatest probability of containing the highest possible concentrations of contaminants. Samples will be taken with techniques that are appropriate for the surface being sampled using media and testing kits designed to detect the presence of methamphetamine, the results of which are determined at the time the samples are collected.
If the field test reveals the presence of methamphetamine at levels in excess of the levels established herein, the structure shall be considered unsafe for human habitation and it will be posted as an unsafe structure by the City of Byrnes Mill Code Enforcement Division personnel. A structure or unit that is posted as unsafe shall not be occupied until the Code Official orders that status removed.
Procedures For Assessment, Sampling And Testing.
While posting of the structure constitutes notice, the Code Official shall also attempt to contact the owner of record of the affected property, or the owner's agent, by providing personal service. If the owner or agent cannot be contacted personally, a letter will be sent by certified mail with return receipt requested and by regular mall. Whether the certified mail is collected or the regular mail is returned to the Code Official as undeliverable, the City shall proceed on the basis of the posted notice.
Notice shall inform the owner to contact the Code Enforcement Division to establish a schedule for decontaminating the structure. If the owner does not contact the City within the time specified in the notice, the Code Official may request AmerenUE to disconnect the electric service to ensure the structure is not re-occupied until decontamination is performed.
If the owner contacts the City within the prescribed period, the owner may request permission to have the property retested. If the owner chooses to retest the property, the owner must employ the services of a company that the Code Official shall determine is qualified to perform sampling and to analyze the samples. If the owner chooses to hire a company to collect new samples, a qualified inspector for the City must be present when the samples are taken and the owner shall pay an inspection fee of forty dollars ($40.00), payment of which must be made prior to removal of the unsafe structure declaration. The results of the analysis shall be provided to the Code Official.
Testing shall be performed in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup, August, 2009.
Contamination Levels. A structure will be considered unsafe and non-compliant if it is found to contain more than the following levels of any of these chemicals:
Methamphetamine in concentration equal to or greater than one and one-half (1.5) µgram/100cm2.
If it is determined that the phenyl-2-propanone (P2P) method of methamphetamine manufacturing was used, surface levels for lead in excess of twenty (20) µg/ft2 and vapor samples for mercury in excess of fifty (50) ng/m.
If testing reveals the presence of contamination in levels that exceed the standards set forth in this Section, the owner is required to hire a qualified contractor to decontaminate the structure and shall advise the Code Official of the schedule for decontamination. At a minimum, to be qualified to perform decontamination, contractors and all personnel must have completed the forty (40) hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training (Occupational Safety and Health Administration (OSHA) 29 CFR 1910) and a clandestine drug lab assessment and decontamination course that is provided by a sponsor acceptable to the Code Official.
The schedule for the work and evidence that the contractor has met the minimum training requirement must be submitted for approval to the Code Official within forty-eight (48) hours of the receipt of notice. Approval will be based solely on the timeliness of the schedule and the qualifications of the contractor. Approval or rejection of the schedule will be provided within twenty-four (24) hours of submission. If rejected, the owner will be informed of specific reasons for the rejection and will be required to amend the schedule or the proposed contractor. Decontamination shall be performed in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August, 2009).
If the owner of property determined to be in violation of the minimum allowable levels of chemicals as provided in this protocol fails to voluntarily mitigate the violation, the Code Official may serve a notice of violation and proceed in accordance with Section 505.060 Duties Of Building Inspectors or may declare the structure a dangerous building and proceed in accordance with Chapter 505 Dangerous Buildings of the Building Code. The Code Official may request AmerenUE to disconnect electrical service until the decontamination is complete.
Post-Decontamination Sampling. When the owner arranges for decontamination, following the completion of the work, the owner will notify the City that the work is complete and schedule a time for post-remediation testing. The structure must be tested in the presence of a qualified inspector for the City. The owner must provide test results as evidence that the property is compliant with this regulation. Should the results of the post-remediation sampling show the presence of methamphetamine in excess of the standards established by this Chapter, further steps shall be taken to decontaminate the structure and additional testing shall be done in the presence of a qualified inspector for the City. Each time an inspector from the City is present, the owner shall pay an inspection fee of forty dollars ($40.00). The post-remediation sampling and testing must be performed by a company the Code Official has determined to be qualified and done in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup, August, 2009.
Final Action. After the property has been decontaminated and the Code Official is in possession of evidence that the pertinent chemical levels are below the levels established by this regulation, the structure will be considered safe and suitable for human habitation. If electric service has been disconnected, the Code Official will notify AmerenUE that the unsafe condition has been mitigated and the service can be restored. The property owner shall be responsible for any re-connection fees.