[Ord. No. 1307 §1, 8-19-2013]
A.
Purpose. Pursuant to the City of Pevely 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.
B.
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
Building Code Official of the City of Pevely 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.
C.
AGENT OF THE OWNER
BUILDING
CHEMICAL STORAGE AREA
CONTAMINANT
CONTAMINATION or CONTAMINATED
CONTRACTOR
COOKING AREA
DANGEROUS BUILDING
DECONTAMINATION
DEPARTMENT
DISPOSAL
DOCUMENTATION
FUNCTIONAL SPACE
MEDIA
METHAMPHETAMINE
PERSON
PROPERTY
PROPERTY OWNER
REMOVAL
SUBSTRATE
UNSAFE STRUCTURE
VACUUM SAMPLE
WASTE DISPOSAL AREA
WIPE SAMPLE
Definitions. As used in this Section, the following
terms shall have the meanings indicated:
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.
Any building that is used, or designed or intended to be
used for human occupancy, habitation, for living, sleeping, cooking
or eating purposes, or any combination thereof, and shall include
accessory structures thereto.
Any area where chemicals used in the manufacture of methamphetamine
are stored or have come to be located.
A chemical residue that may present an immediate or long-term
threat to human health and the environment.
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.
Any area where methamphetamine manufacturing is occurring
or has occurred.
A building or structure, or any portion thereof, that is
clearly unsafe for its use and occupancy.
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 Pevely Building Department and Code Enforcement.
Handling, transportation and ultimate disposition of hazardous
materials removed from contaminated properties.
Preserving a record of an observation through writings, drawings,
photographs, or other appropriate means.
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 above.
The 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 dexto/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 the subject of ownership or possession,
including, but not limited to, land, buildings, structures, vehicles
and personal belongings.
For 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.
Any structure in violation of the City of Pevely adopted
International Property Maintenance Code contained in Section 108,
the use of which constitutes a hazard to safety, health or public
welfare as defined therein.
A non-airborne dust sample collected from a known surface
area of a porous surface or material using standard micro-vacuum sampling
techniques.
Any area where chemicals used or generated in the manufacture
of methamphetamine are disposed or have come to be located.
A surface sample collected by wiping a sample media on the
surface being sampled.
D.
Assessment.
1.
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 courts and City Prosecuting Attorney 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 Police Chief has determined are appropriately trained, and the assessment shall include, but not be limited to, the following:
a.
Assessment of the number and type of structures present on the
property where methamphetamine may have been produced.
b.
Identification of structural features that may indicate separate
functional spaces, such as attics, false ceilings and crawl spaces,
basements, closets and cabinets.
c.
Identification of the manufacturing methods based on observations,
reports from law enforcement personnel and knowledge of manufacturing
methods.
d.
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.
e.
Identification of adjacent units and common areas to determine
the likelihood that contamination has spread or may have been tracked.
f.
Identification of common ventilation systems with adjacent units
or common areas.
2.
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.
3.
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 Pevely Code Enforcement personnel.
A structure or unit that is posted as unsafe shall not be occupied
until the Code Official orders that status removed.
E.
Procedures For Assessment, Sampling And Testing.
1.
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 mail. 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.
2.
Notice shall inform the owner to contact the Building Department
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 Ameren UE to disconnect the electric
service to ensure the structure is not re-occupied until decontamination
is performed.
3.
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 thirty dollars ($30.00), 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.
4.
Testing shall be performed in accordance with the appropriate
sections of the United States Environmental Protection Agency Voluntary
Guidelines for Methamphetamine Laboratory Cleanup, March, 2013.
F.
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:
G.
Decontamination.
1.
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-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.
2.
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 United States Environmental Protection
Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup
(March, 2013).
3.
If the owner of property that is 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
113 Violations of the 2006 International Residential Code or may declare
the structure a dangerous building and proceed in accordance with
Section 108 of the 2006 International Property Maintenance Code. The
Code Official may request Ameren UE to disconnect electrical service
until the decontamination is complete.
H.
Post-Decontamination Sampling. When the owner arranges
for decontamination, following the completion of the work, the owner
will notify the City that 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
Section, 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 for the City is present,
the owner shall pay a post-decontamination fee of thirty dollars ($30.00).
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 United States Environmental Protection
Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup,
March, 2013.
[Ord. No. 1327 §1, 2-3-2014]
I.
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 Ameren UE that the unsafe condition has been mitigated and
service can be restored. The property owner shall be responsible for
any reconnection fees.
