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Background of Meth Lab Cleanup Regulations
State
Board of Health: Background On April 21, 2004, Governor Owens signed House Bill 04-1182 (the Bill) requiring the Board of Health to set cleanup standards for properties used as clandestine methamphetamine (meth) labs. The Bill provides that a property owner who cleans up a property under these standards will have immunity from civil lawsuits by future owners, occupants, or neighbors for alleged health-based losses related to the meth lab. Verification testing must be conducted by a Certified Industrial Hygienist or industrial hygienist as defined by 24-30-1402, C.R.S., and a copy of the results must be provided to the Governing Body, in order for immunity to be established. The term Governing Body is not defined in the Bill. For reference, the definitions of Certified Industrial Hygienist and industrial hygienist are provided at the end of this document. The Bill does not provide for regulatory agency involvement in the cleanup process, nor does it include a mechanism to ensure that cleanup contractors or consultants are qualified to perform, or experienced in, meth lab cleanup. Therefore, the cleanup standards must be self-implementing, and provide a clear and detailed process to ensure that the property is properly decontaminated and that adequate documentation of the decontamination process is provided to support the immunity from civil lawsuits. Some local agencies have independent authority to require cleanup of meth labs. This authority is usually based on occupancy of the structure, and may be tied to local health or building codes. The requirement for cleanup established by the Bill does not add to nor diminish this independent authority because the Bill does not address re-occupancy standards. Local agencies may choose to incorporate the standards set by cleanup regulations into their local requirements, or they may require that additional measures be taken before they will allow re-occupancy. When reviewing the meth lab cleanup regulations, it is important to understand that the immunity shield established by the Bill is independent of any local requirements based on re-occupancy. However SB 05-217 (signed June 9, 2005) clarifies several areas of ambiguity found in HB 1182 and in the regs themselves, and defines a governing body. Colorado Department of Public Health and Environment on Meth Labs Summary of Assessment TITLE: CONCERNING STANDARDS FOR THE CLEANUP OF ILLEGAL DRUG LABORATORIES. This bill requires the Department of Public Health and Environment to promulgate rules that establish standards for the cleanup of illegal drug laboratories. The rules shall reflect the findings of the department's 2003 report entitled "Cleanup of Clandestine Methamphetamine Labs Guidance Document" or a successor document outlining best practice standards. The bill requires the owner of such property to meet the standards upon notification from a peace officer that chemicals, equipment, or supplies indicative of an illegal drug lab are located on the property. Once a property has met those standards, the owner shall be free from liability for any actions brought by any future owner or other person who occupies the property. The bill will become effective upon the signature of the Governor. The department will be able to promulgate and administer
rules within existing budgetary resources. The bill will serve to limit
the number of potential cases that might otherwise have been filed in
court for damages against the owner of a property which had a drub lab
in it. The bill will not affect state appropriations, and is assessed as
having no fiscal impact. |