[Ord. No. 4381, § 1, 11-27-2012]
(a)
Purpose. Pursuant to the Crestwood Building Regulations, 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 receives notification
from the code official of the City of Crestwood 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
CODE OFFICIAL
CONTAMINANT
CONTAMINATION or CONTAMINATED
CONTRACTOR
COOKING AREA
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
these prescribed meanings:
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.
Any area where chemicals used in the manufacture of methamphetamine
are stored or have come to be located.
The Director of Public Works for the City of Crestwood, Missouri
or his designee.
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 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.
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 Department of Public Works for the City of Crestwood,
Missouri.
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.
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 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 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, building or premises that have the defects
or characteristics contained in Section 116, International Building
Code, and thereby constitute a hazard to safety, health or public
welfare.
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. 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 of the type approved by law enforcement officials, industry experts and the courts, 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 City's Chief of Police has determined are appropriately trained and the assessment shall include, but not be limited to, the following:
(1)
Assessment of the number and type of structures present on the
property where methamphetamine may have been produced.
(2)
Identification of structural features that may indicate separate
functional spaces, such as attics, false ceilings and crawl spaces,
basements, closets and cabinets.
(3)
Identification of the manufacturing methods based on observations,
reports from law enforcement personnel and knowledge of manufacturing
methods.
(4)
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.
(5)
Identification of adjacent units and common areas to determine
the likelihood that contamination has spread or may have been tracked.
(6)
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 code official. 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 sending a certified letter.
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 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.
(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 trained law enforcement
officer for the City must be present when the samples are taken and
the owner shall pay an inspection fee of $40, 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 U.S. Environmental Protection Agency Voluntary Guidelines
for Methamphetamine Laboratory Cleanup, August, 2009.
(f)
Contamination levels. A structure will be considered unsafe and noncompliant
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 seven business days of the posting of
the 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 three business days 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).
(3)
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
114 of the International Residential Code or may declare the structure
as unsafe and proceed in accordance with Sections 112 and 116 of the
International Building Code. The code official may request AmerenUE
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 trained law enforcement
officer 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 trained law enforcement officer
for the City. Each time an inspector for the City is present, the
owner shall pay an inspection fee of $40. 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.
(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 AmerenUE
that the unsafe condition has been mitigated and service can be restored.
The property owner shall be responsible for any re-connection fees.
(j)
Penalties. Any person violating any of the provisions of this section
shall, upon conviction, be subject to all penalties provided for violation
of City ordinances.