{"data":{"id":"us-ky/krs-224.1-410","jurisdiction":"us-ky","citation":"KRS 224.1-410","heading":"Legislative findings regarding methamphetamine contamination -- --","body":"Definitions -- Decontamination standards -- Procedures for assessment --\nTiered response system -- Certification by owner that property cleaned and\nstandard met -- Certification of de contamination contractors -- Posting\nmethamphetamine contamination notice -- Written notice of property\ncontamination to buyer or lessee -- Integrated state effort -- Federal funding to\nbe pursued.\n(1) The General Assembly finds that properties contaminate d with hazardous chemical\nresidues created by the manufacture of methamphetamine endanger innocent\nmembers of the public due to exposure to these residues where properties are not\nproperly decontaminated prior to the subsequent rental, sale, or use of the\nproperties. Remediation of properties has been frustrated by a lack of\ncomprehensive standards and procedures for decontamination of properties found to\nhave been involved with methamphetamine production. The purpose of this section\nwhere law enforcement h as found evidence of the manufacture of\nmethamphetamine is to protect the public health, safety, and welfare by providing\nspecific cleanup standards and procedures.\n(2) As used in this section, the following definitions shall apply:\n(a) \"Clandestine methamphetamine lab\" means any inhabitable property used for\nthe manufacture of methamphetamine as defined by KRS 218A.1431;\n(b) \"Contaminated property\" means any inhabitable property that has been used to\nmanufacture methamphetamine and has been assessed as con taining\nmethamphetamine contamination;\n(c) \"Decontamination standards\" means standards used to determine that a\ncontaminated property has become decontaminated;\n(d) \"Inhabitable property\" means any building or structure and any related\ncurtilage, water, wa ter system, or sewer system used as a clandestine\nmethamphetamine drug lab that is intended to be primarily occupied by\npeople, including a mobile home or an individual unit of a multifamily\nhousing unit, that may be sold, leased, or rented for any length of time.\n\"Inhabitable property\" shall not include a hotel, as defined in KRS 219.011;\n(e) \"Surface material\" means any porous or nonporous substance common to the\ninterior of a building or structure, including but not limited to ceilings and\nwalls, window coverings, floor and floor coverings, counters, furniture,\nheating and cooling duct work, and any other surface to which inhabitants of\nthe building or structure may be exposed; and\n(f) \"Related hazardous material or hazardous waste\" means any hazardous wa ste\nas defined in this chapter or hazardous material as defined in KRS 174.405\nthat is related to the clandestine production of methamphetamine.\n(3) (a) The cabinet shall promulgate administrative regulations providing for\ndecontamination standards for contaminated property, including:\n1. Decontamination standards for methamphetamine and\nmethamphetamine precursors;\n2. Decontamination standards for materials used in methamphetamine\nproduction, including related hazardous material or hazardous waste;\nand\n3. Sampling and testing standards for contaminated properties with a tiered\nresponse system for decontamination services.\n(b) Absent administrative regulations described in this subsection, the\ndecontamination standard for methamphetamine inside inhabitable p roperty is\nless than or equal to one -tenth of one (0.1) microgram of methamphetamine\nper one hundred (100) square centimeters of surface material.\n(4) The Department of Kentucky State Police shall promulgate administrative\nregulations establishing assessme nt procedures for determining if an inhabitable\nproperty is a contaminated property.\n(5) Upon a determination that an inhabitable property is a contaminated property under\nsubsection (4) of this section, the state or local law enforcement agency shall noti fy\nthe cabinet of its findings and results of assessment.\n(6) (a) The cabinet shall promulgate administrative regulations to establish a\nreasonable, appropriate, and protective tiered response system to address the\nlevel of decontamination services require d for a contaminated property based\nupon the degree of methamphetamine production and the degree of potential\ncontamination resulting from methamphetamine production as indicated by\nthe results of assessment by responding state or local law enforcement.\n(b) Tier 1 shall be for a transient contaminated property where the manufacturing\nof methamphetamine with anhydrous ammonia was initiated but only limited\namounts of reagents or precursors are present and open, and where minimal\nspill and staining may be observed.\n(c) Tier 2 shall be for a transient contaminated property where the manufacturing\nof methamphetamine with moderate activity or the use of red phosphorous is\nevident but only limited amounts of methamphetamine, reagents, or\nprecursors were produced o ver a relatively short period of time, and where\nspills and staining may be observed.\n(d) Tier 3 shall be for an entrenched contaminated property where precursors and\nreagent production has occurred over an extended period of time, from many\nweeks to sever al months, and where spills, staining, and burn pits may be\nobserved. This tier designation shall be considered as the default tier\ndesignation for homes and rental property with recurring methamphetamine\nproduction.\n(e) Tier 4 shall be for a mass producti on contaminated property where large\nquantities, such as multiple pounds, of methamphetamine, reagents, or\nprecursors are present, and where potentially severe environmental effects\nmay be indicated because of the large quantities of drummed or buried wast e\nis discovered. Due to the potential for significant releases of hazardous\nsubstances, pollutants, or contaminants, law enforcement agencies shall\nconsult with the cabinet prior to making this tier recommendation.\n(7) Any contaminated property, regardless  of the initial level of methamphetamine\ncontamination, shall meet the decontamination standard set forth in subsection (3)\nof this section and, regardless of the results of testing or assessment, shall require at\nleast a Tier 1 cleanup response. A property owner shall certify to the cabinet that the\nproperty has been cleaned to the standard set forth in subsection (3) of this section.\n(8) (a) Only contractors certified by the cabinet shall be authorized to conduct the\ndecontamination services for inhabitable properties following the protocols of\nthe tiered response system. The cabinet shall maintain a list of vendors and\ncontractors with current certification to provide decontamination services. In\norder to become a certified contractor, a contractor shall:\n1. Register with the cabinet;\n2. Post a surety bond or obtain other financial assurance, which shall\ninclude but is not limited to a corporate guarantee, financial test -based\nself-insurance, irrevocable letter of credit, or any combination of\nassurances, in the amount of one hundred thousand dollars ($100,000)\nfor a Tier 1, 2, or 3 cleanup and two hundred fifty thousand dollars\n($250,000) for a Tier 4 cleanup, which may be aggregated;\n3. Provide a certificate issued by an insurance company licensed to do\nbusiness in Kentucky, certifying that the contractor has a public liability\ninsurance policy in an amount deemed sufficient by the cabinet for any\npersonal or property damages that might occur to third parties arising\nfrom the performance of decontamination  services for inhabitable\nproperties by the contractor or his or her employees or agents;\n4. Certify that decontamination will be performed safely and in accordance\nwith 803 KAR 2:403; and\n5. Certify that each cleanup conducted meets the decontamination st andard\nrequired by subsection (3) of this section.\n(b) Any contractor who is certified by the cabinet, and whose certification is in\ngood standing, prior to July 15, 2008, shall retain that certification without\nhaving to be recertified.\n(c) Upon registrat ion, the cabinet shall either accept or deny the contractor's\ncertification. The cabinet may revoke the certification of any contractor for\ncause and may collect the forfeited financial assurance of any contractor found\nto be in violation of this section. Forfeited financial assurance may be used by\nthe cabinet to decontaminate inhabitable properties.\n(d) The cabinet shall promulgate administrative regulations to establish standards\nand procedures for contractor certification and to establish reasonable fee s to\nimplement this section.\n(9) When a state or local law enforcement agency investigates an inhabitable property\nthat it has reason to believe has been used as a clandestine methamphetamine drug\nlab, the state or local law enforcement agency shall, at th e request of the state or\nlocal health department under its respective authority pursuant to KRS Chapter 211\nor 212, post a methamphetamine contamination notice on each exterior door of the\ninhabitable property, except that in the case of a multifamily hou sing unit, it shall\npost the notice on each entrance door to the individual unit. The Department for\nPublic Health shall promulgate administrative regulations establishing the notice\nrequirements and the process for removing the notice from inhabitable pro perties.\nAny homeowner listed on the deed of the dwelling may request an administrative\nhearing pursuant to KRS Chapter 13B to determine whether the methamphetamine\ncontamination notice is proper by filing a request for appeal with the Department\nfor Publi c Health within thirty (30) days of the methamphetamine contamination\nnotice having been posted on the property. The responding state or local law\nenforcement agency shall, within three (3) business days of when the notice is\nposted, report it by fax or e-mail to the local health department.\n(10) Any owner of contaminated property who leases, rents, or sells contaminated\nproperty upon which a methamphetamine contamination notice has been posted\nunder subsection (9) of this section shall disclose in writing to any potential lessee,\ntenant, or buyer that the property is contaminated with methamphetamine and has\nnot been decontaminated pursuant to the requirements set forth in this section. If the\nproperty has been decontaminated and released by the cabinet fro m the need for\nfurther action, notice under this subsection shall not be required. The Department\nfor Public Health shall promulgate administrative regulations setting forth the\ndisclosure requirements.\n(11) Once contaminated property has been decontaminated in accordance with standards\nset forth in subsection (3) of this section, the cabinet shall make available to owners\nof contaminated property who lease or rent the inhabitable property information\nabout federal income tax deductions or credits available  to compensate for damage\ndone to the property in commission of a crime, including methamphetamine\nproduction done by someone other than the owner.\n(12) To effect the provisions and promote the purposes of this section, the Energy and\nEnvironment Cabinet, the Cabinet for Health and Family Services, and the Justice\nand Public Safety Cabinet shall integrate their efforts with other state agencies to\nprovide information and training to the public about the health hazards associated\nwith methamphetamine laboratories.\n(13) The Energy and Environment Cabinet, the Cabinet for Health and Family Services,\nand the Justice and Public Safety Cabinet shall pursue funds from the federal\ngovernment, through grants or any other funding source, to help pay for the cost of\nassessment and decontamination of inhabitable properties.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=41570","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:38Z","sha256":"f635fe1ffb6369681e39feb297dfd714f365690d1d5bc39857d6ac6a988c1953","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.1-405","next":"us-ky/krs-224.1-415"},"notice":"GroundRules: Original legal text. Not legal advice."}