KRS 224.1-410: Legislative findings regarding methamphetamine contamination -- --

Definitions -- Decontamination standards -- Procedures for assessment --

Tiered response system -- Certification by owner that property cleaned and

standard met -- Certification of de contamination contractors -- Posting

methamphetamine contamination notice -- Written notice of property

contamination to buyer or lessee -- Integrated state effort -- Federal funding to

be pursued.

(1) The General Assembly finds that properties contaminate d with hazardous chemical

residues created by the manufacture of methamphetamine endanger innocent

members of the public due to exposure to these residues where properties are not

properly decontaminated prior to the subsequent rental, sale, or use of the

properties. Remediation of properties has been frustrated by a lack of

comprehensive standards and procedures for decontamination of properties found to

have been involved with methamphetamine production. The purpose of this section

where law enforcement h as found evidence of the manufacture of

methamphetamine is to protect the public health, safety, and welfare by providing

specific cleanup standards and procedures.

(2) As used in this section, the following definitions shall apply:

(a) "Clandestine methamphetamine lab" means any inhabitable property used for

the manufacture of methamphetamine as defined by KRS 218A.1431;

(b) "Contaminated property" means any inhabitable property that has been used to

manufacture methamphetamine and has been assessed as con taining

methamphetamine contamination;

(c) "Decontamination standards" means standards used to determine that a

contaminated property has become decontaminated;

(d) "Inhabitable property" means any building or structure and any related

curtilage, water, wa ter system, or sewer system used as a clandestine

methamphetamine drug lab that is intended to be primarily occupied by

people, including a mobile home or an individual unit of a multifamily

housing unit, that may be sold, leased, or rented for any length of time.

"Inhabitable property" shall not include a hotel, as defined in KRS 219.011;

(e) "Surface material" means any porous or nonporous substance common to the

interior of a building or structure, including but not limited to ceilings and

walls, window coverings, floor and floor coverings, counters, furniture,

heating and cooling duct work, and any other surface to which inhabitants of

the building or structure may be exposed; and

(f) "Related hazardous material or hazardous waste" means any hazardous wa ste

as defined in this chapter or hazardous material as defined in KRS 174.405

that is related to the clandestine production of methamphetamine.

(3) (a) The cabinet shall promulgate administrative regulations providing for

decontamination standards for contaminated property, including:

1. Decontamination standards for methamphetamine and

methamphetamine precursors;

2. Decontamination standards for materials used in methamphetamine

production, including related hazardous material or hazardous waste;

and

3. Sampling and testing standards for contaminated properties with a tiered

response system for decontamination services.

(b) Absent administrative regulations described in this subsection, the

decontamination standard for methamphetamine inside inhabitable p roperty is

less than or equal to one -tenth of one (0.1) microgram of methamphetamine

per one hundred (100) square centimeters of surface material.

(4) The Department of Kentucky State Police shall promulgate administrative

regulations establishing assessme nt procedures for determining if an inhabitable

property is a contaminated property.

(5) Upon a determination that an inhabitable property is a contaminated property under

subsection (4) of this section, the state or local law enforcement agency shall noti fy

the cabinet of its findings and results of assessment.

(6) (a) The cabinet shall promulgate administrative regulations to establish a

reasonable, appropriate, and protective tiered response system to address the

level of decontamination services require d for a contaminated property based

upon the degree of methamphetamine production and the degree of potential

contamination resulting from methamphetamine production as indicated by

the results of assessment by responding state or local law enforcement.

(b) Tier 1 shall be for a transient contaminated property where the manufacturing

of methamphetamine with anhydrous ammonia was initiated but only limited

amounts of reagents or precursors are present and open, and where minimal

spill and staining may be observed.

(c) Tier 2 shall be for a transient contaminated property where the manufacturing

of methamphetamine with moderate activity or the use of red phosphorous is

evident but only limited amounts of methamphetamine, reagents, or

precursors were produced o ver a relatively short period of time, and where

spills and staining may be observed.

(d) Tier 3 shall be for an entrenched contaminated property where precursors and

reagent production has occurred over an extended period of time, from many

weeks to sever al months, and where spills, staining, and burn pits may be

observed. This tier designation shall be considered as the default tier

designation for homes and rental property with recurring methamphetamine

production.

(e) Tier 4 shall be for a mass producti on contaminated property where large

quantities, such as multiple pounds, of methamphetamine, reagents, or

precursors are present, and where potentially severe environmental effects

may be indicated because of the large quantities of drummed or buried wast e

is discovered. Due to the potential for significant releases of hazardous

substances, pollutants, or contaminants, law enforcement agencies shall

consult with the cabinet prior to making this tier recommendation.

(7) Any contaminated property, regardless of the initial level of methamphetamine

contamination, shall meet the decontamination standard set forth in subsection (3)

of this section and, regardless of the results of testing or assessment, shall require at

least a Tier 1 cleanup response. A property owner shall certify to the cabinet that the

property has been cleaned to the standard set forth in subsection (3) of this section.

(8) (a) Only contractors certified by the cabinet shall be authorized to conduct the

decontamination services for inhabitable properties following the protocols of

the tiered response system. The cabinet shall maintain a list of vendors and

contractors with current certification to provide decontamination services. In

order to become a certified contractor, a contractor shall:

1. Register with the cabinet;

2. Post a surety bond or obtain other financial assurance, which shall

include but is not limited to a corporate guarantee, financial test -based

self-insurance, irrevocable letter of credit, or any combination of

assurances, in the amount of one hundred thousand dollars ($100,000)

for a Tier 1, 2, or 3 cleanup and two hundred fifty thousand dollars

($250,000) for a Tier 4 cleanup, which may be aggregated;

3. Provide a certificate issued by an insurance company licensed to do

business in Kentucky, certifying that the contractor has a public liability

insurance policy in an amount deemed sufficient by the cabinet for any

personal or property damages that might occur to third parties arising

from the performance of decontamination services for inhabitable

properties by the contractor or his or her employees or agents;

4. Certify that decontamination will be performed safely and in accordance

with 803 KAR 2:403; and

5. Certify that each cleanup conducted meets the decontamination st andard

required by subsection (3) of this section.

(b) Any contractor who is certified by the cabinet, and whose certification is in

good standing, prior to July 15, 2008, shall retain that certification without

having to be recertified.

(c) Upon registrat ion, the cabinet shall either accept or deny the contractor's

certification. The cabinet may revoke the certification of any contractor for

cause and may collect the forfeited financial assurance of any contractor found

to be in violation of this section. Forfeited financial assurance may be used by

the cabinet to decontaminate inhabitable properties.

(d) The cabinet shall promulgate administrative regulations to establish standards

and procedures for contractor certification and to establish reasonable fee s to

implement this section.

(9) When a state or local law enforcement agency investigates an inhabitable property

that it has reason to believe has been used as a clandestine methamphetamine drug

lab, the state or local law enforcement agency shall, at th e request of the state or

local health department under its respective authority pursuant to KRS Chapter 211

or 212, post a methamphetamine contamination notice on each exterior door of the

inhabitable property, except that in the case of a multifamily hou sing unit, it shall

post the notice on each entrance door to the individual unit. The Department for

Public Health shall promulgate administrative regulations establishing the notice

requirements and the process for removing the notice from inhabitable pro perties.

Any homeowner listed on the deed of the dwelling may request an administrative

hearing pursuant to KRS Chapter 13B to determine whether the methamphetamine

contamination notice is proper by filing a request for appeal with the Department

for Publi c Health within thirty (30) days of the methamphetamine contamination

notice having been posted on the property. The responding state or local law

enforcement agency shall, within three (3) business days of when the notice is

posted, report it by fax or e-mail to the local health department.

(10) Any owner of contaminated property who leases, rents, or sells contaminated

property upon which a methamphetamine contamination notice has been posted

under subsection (9) of this section shall disclose in writing to any potential lessee,

tenant, or buyer that the property is contaminated with methamphetamine and has

not been decontaminated pursuant to the requirements set forth in this section. If the

property has been decontaminated and released by the cabinet fro m the need for

further action, notice under this subsection shall not be required. The Department

for Public Health shall promulgate administrative regulations setting forth the

disclosure requirements.

(11) Once contaminated property has been decontaminated in accordance with standards

set forth in subsection (3) of this section, the cabinet shall make available to owners

of contaminated property who lease or rent the inhabitable property information

about federal income tax deductions or credits available to compensate for damage

done to the property in commission of a crime, including methamphetamine

production done by someone other than the owner.

(12) To effect the provisions and promote the purposes of this section, the Energy and

Environment Cabinet, the Cabinet for Health and Family Services, and the Justice

and Public Safety Cabinet shall integrate their efforts with other state agencies to

provide information and training to the public about the health hazards associated

with methamphetamine laboratories.

(13) The Energy and Environment Cabinet, the Cabinet for Health and Family Services,

and the Justice and Public Safety Cabinet shall pursue funds from the federal

government, through grants or any other funding source, to help pay for the cost of

assessment and decontamination of inhabitable properties.