[Ord. No. 14-2047 §1, 6-16-2014]
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.
[Ord. No. 14-2047 §1, 6-16-2014]
The requirements of this Chapter apply when the owner of property
that has been posted as an unsafe structure receives notification
from the Code Official of the City of Manchester 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.
[Ord. No. 14-2047 §1, 6-16-2014]
As used in this Chapter, the following terms shall have the
following 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 Planning, Zoning and Economic Development
for the City of Manchester, 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 (1) or more qualified individuals or commercial entities
hired to perform work in accordance with the requirements of the standards
and protocols set forth in this Chapter.
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 the standards and protocols set
forth in this Chapter.
The Department of Planning, Zoning and Economic Development
for the City of Manchester, 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 a dropped ceiling and the floor or
roof deck above.
The physical material onto which sample substrate is collected.
Media includes gauze, glass fiber filters, and the like.
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 materials 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, and the like.
Any structure, building or premises that has the defects
or characteristics contained in Section 116 of the International Building
Code and thereby constitutes 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.
[Ord. No. 14-2074 §1, 6-16-2014]
A.
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 levels established in Section 525.060 below. This assessment shall be performed by personnel who the Code Official 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 contamination 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.
7.
The taking of photographs of the property and, if determined
appropriate, adjoining properties.
B.
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.
C.
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 designation removed.
[Ord. No. 14-2074 §1, 6-16-2014]
A.
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 letter by certified
mail and by ordinary mail. Whether the certified mail is collected
or the ordinary mail is returned to the Code Official as undeliverable,
the City shall proceed on the basis of the posted notice.
B.
Notice shall inform the owner to contact the City's Code Official
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 reoccupied until decontamination
is performed.
C.
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 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.
D.
Testing shall be performed in accordance with the appropriate sections
of the United States Environmental Protection Agency Voluntary Guidelines
for Methamphetamine Laboratory Cleanup, August, 2009, as may be updated
from time to time.
[Ord. No. 14-2074 §1, 6-16-2014]
A.
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:
1.
Methamphetamine in a concentration equal to or greater than
one hundredths (0.01) µg per one hundred (100) cm2.
2.
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 per /ft2 and vapor samples for mercury in excess of fifty (50) ng/m.
[Ord. No. 14-2074 §1, 6-16-2014]
A.
If testing reveals the presence of contamination in levels that exceed the standards set forth in Section 525.060, the owner shall be required to hire a qualified contractor to decontaminate the structure and shall advise the Code Official of the schedule for such decontamination. At a minimum, to be qualified to perform decontamination, a contractor and all of its 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.
B.
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 (7) 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 (3) 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 United States Environmental Protection
Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup
(August, 2009), as may be updated from time to time.
C.
If the owner of property determined to be in violation of the minimum allowable levels of chemicals as provided in Section 525.060 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.
[Ord. No. 14-2074 §1, 6-16-2014]
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 of
the City. The owner must provide test results as evidence that the
property is compliant with this Chapter. 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
of the City. Each time an inspector for 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 shall be performed in accordance
with the appropriate sections of the United States Environmental Protection
Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup,
August, 2009, as may be updated from time to time. Photographs of
the property and, if determined appropriate, adjoining properties
shall be taken during the post-contamination testing.
[Ord. No. 14-2074 §1, 6-16-2014]
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 Chapter, 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 all reconnection fees.
[Ord. No. 14-2074 §1, 6-16-2014]
Any person violating any of the provisions of this Chapter shall,
upon conviction, be subject to all penalties provided for violation
of City ordinances.
