El Paso County -Methamphetamine Lab Cleanup Regulations
(Chapter 4)

Methamphetamine Laboratory Decontamination Permit Application

Methamphetamine Laboratory Clean Up Permit
 

Section 4.1: Authority and Purpose

Pursuant to Section 25-1-507(h) and (j), C.R.S., the El Paso County Department of Health and Environment (hereafter "Health Department") is authorized to enforce these regulations in El Paso County. The purpose of these regulations is to ensure that chemical contamination of properties from the manufacture of methamphetamine is cleaned, or the properties demolished, to prevent harm to subsequent occupants, visitors and users of the properties, and users of neighboring properties, and to protect the environment.

Section 4.2: Definitions

As used herein, the definitions adopted in Section 25-18.5-101, C.R.S., relating to Illegal Drug Laboratories, and definitions adopted by the Colorado State Board of Health in 6 CCR 1014-3, Section 3.0 relating to Regulations Pertaining to the Cleanup of Methamphetamine Laboratories, are hereby adopted by reference. In addition, the following definitions are adopted:

  1. DESIGNATED EMERGENCY RESPONSE AUTHORITY or DERA: An entity authorized by the local governing body having jurisdiction to respond to incidents involving hazardous substances.

  2. CLOSURE PLACARD: A sign posted on a property, or a portion of a property, by the Health Department that indicates that no person may lawfully occupy or use a property, except for the purpose of decontamination or demolition.

  3. FIT FOR USE: A designation by the Health Department that a property, or a portion of a property, has been decontaminated or demolished in accordance with these regulations, and cleanup levels required by 6 CCR 1014-3 have been achieved, and all applicable fees have been paid.

  4. IMMINENT HEALTH HAZARD: A condition that requires immediate corrective action to prevent endangerment of public health.

  5. INITIAL OBSERVATION: A determination by a qualified law enforcement officer, or DERA personnel, that a property may be contaminated by chemicals from the manufacture of methamphetamine.

  6. UNFIT FOR USE: A designation by the Health Department that a property, or a portion of property, has not been decontaminated in accordance with these regulations, or has contaminant levels from the manufacture of methamphetamine in excess of those specified in 6 CCR 1014-3, or appropriate fees have not been paid, and may not be used or occupied, except for the purpose of decontamination or demolition.

  7. WORK PLAN: A plan written by a consultant of the actions planned to decontaminate a property contaminated by the manufacture of methamphetamine.

Section 4.3: Powers and Duties

The Health Department shall have the power and authority to administer these regulations, and may:

  1. Make appropriate investigations, inspections, reviews, and evaluations regarding any property reasonably believed to have chemical contamination from the manufacture of methamphetamine.

  2. Place closure cards on a contaminated property.

  3. Issue notices and orders to a property owner to decontaminate or demolish a property in accordance with these regulations, and in accordance with 6 CCR 1014-3.

  4. Issue permits and charge fees as approved by the Board of Health to implement these regulations.

  5. Provide oversight of decontamination activities required in accordance with these regulations.

  6. Deny, suspend, or revoke a decontamination permit of any person who fails to comply with the requirements of these regulations.

  7. Order the closure of any property that fails to meet any requirement of these regulations.

Section 4.4: Decontamination/Demolition

  1. The Health Department shall require the owner of a property to restore it to a condition that is fit for used by either decontamination or demolition at the option of the property owner.

  2. A property owner shall cause his property to be fit for use by either decontamination or demolition in accordance with these regulations, Section 25-18.5-103, C.R.S., and 6 CCR 1014-3.

  3. A property owner who chooses to cause his property to be fit for use by demolition shall complete such demolition within thirty (30) days following notice by the Health Department that the property is unfit fur use, or within such additional time as may be approved by the Health Department upon written request of the property owner.

  4. The processing of a property used for the manufacture of methamphetamine by law enforcement of DERA personnel does not constitute decontamination.

Section 4.5: Procedures

  1. Contaminated Property Reports:

    1. Law enforcement agencies are encouraged to report properties known or suspected of being contaminated by the manufacture of methamphetamine to the Health Department.

    2. If a property owner knows, or reasonably suspects, that his property has been used in the manufacture of methamphetamine, the owner shall report, in writing, the address of the potentially contaminated property, along with his name and address, and all other owners' names and addresses, to the Health Department within thirty (30) days following notification by any law enforcement agency, DERA, or the Health Department of the use, or suspected use, of said property for the manufacture of methamphetamine, or after which time the property owner knows or suspects said property has been used for the manufacture of methamphetamine.

    3. Any person who knows, or reasonably suspects, that a property has been used in the manufacture of methamphetamine may file a report with the Health Department.

    4. Before taking any other action with regard to such a report filed by a property owner or any other person, the Health Department shall forward the information to the appropriate law enforcement agency. The Health Department shall only proceed after the law enforcement agency has completed its investigation.

    5. A property used for the manufacture of methamphetamine shall be presumed to have contaminant levels in excess of those specified in 6 CCR 1014-3 unless shown otherwise by the property owner.
       

  2. Closer Placards:
    The Health Department may post a closure placard (Appendix A), or request the appropriate law enforcement agency to post a closure placard, on a property when the initial observation by a law enforcement agency has verified that the property was used for the manufacture of methamphetamine and is, therefore, potentially harmful to human health. Each exterior doorway of the property, or other appropriate place on the property, shall be posted with closure placards.

    1. Entry of any property with a closure placard affixed is restricted to:

      1. The property owner;

      2. The consultant;

      3. Decontamination or demolition contractor personnel; and,

      4. Health Department, law enforcement, and DERA personnel in the performance of their official duties.
         

    2. A closure placard shall display the following information:

      1. Any special prohibitions or conditions in effect;

      2. The address of the posted site;

      3. The name and telephone number of the Health Department; and,

      4. That removal of any items from the property is prohibited, except as approved by the Health Department.
         

    3. When closure placards are posted, the Health Department shall immediately notify the property owner that the property is unfit for use and order the owner to comply with Section 25-18.5-103(1), C.R.S., by either decontamination or demolition of the property at the option of the property owner.
       

  3. Preliminary Assessment:

  1. Within thirty (30) days following receipt of a compliance order from the Health Department, the property owner shall either demolish said property, or submit a preliminary assessment prepared by a consultant in accordance with 6 CCR 1014-3. The preliminary assessment shall be used by the Health Department to determine if the property is fit for use, or unfit for use.

    1. If the preliminary assessment reasonably indicates that contaminant levels do not exceed clean-up levels specified in 6 CCR 1014-3, the Health Department shall designate the property fit for use, the closure placards shall be removed, and no further action shall be taken.

    2. If the preliminary assessment reasonably indicates that contaminant levels do exceed clean-up levels specified in 6 CCR 1014-3, the Health Department shall notify the property owner that a work plan prepared by the property owner's consultant in accordance with Section 25-18.5-103(1), C.R.S., shall be submitted to the Health Department.

  1. Work Plan:
    When notified of the requirement for a work plan, the property owner shall submit the work plan to the Health Department within fifteen (15) days, except that, when one or more imminent health hazards have been identified by the Health Department, the work plan or other emergency action may be required sooner than fifteen days. The Health Department may also extend the deadline for a work plan provided there is no substantially increased threat to public health.

    1. The Health Department shall approve the work plan before issuing a decontamination permit for the property.

    2. If deemed necessary by the Health Department, modifications to the work plan may be ordered.
       

  2. Decontamination Permit:

    1. The Health Department shall require a permit for the decontamination of any property contaminated by methamphetamine manufacturing.

    2. A decontamination permit shall only be issued after the Health Department receives a preliminary assessment, an approved work plan, a completed permit application, and the applicable fee from the property owner.

    3. The decontamination permit fee shall cover a one-time review, approval and inspection process as follows:

      1. Review of the preliminary assessment;

      2. Approval of the work plan;

      3. Review of the final report; and,

      4. A final property inspection.
         

    4. Additional Services: Additional reviews, inspections, re-inspections, or requests for Health Department services will result in additional hourly fees as authorized by the Board of Health.
       

  3. Final Report:
    A final report prepared by a consultant shall be submitted by the property owner to the Health Department following completion of the decontamination. The final report shall be prepared in accordance with the requirements of 6 CCR 1014-3. The Health Department shall review the final report and conduct a final property inspection to determine if the property is fit for use, or unfit for use. The Health Department shall maintain the final report for a period of five years. The final report submitted to the Health Department does not provide immunity to the property owner under the provisions of Section 25-18.5-103(2), C.R.S.
     

  4. Determination:

    1. Fit for use:

      1. The Health Department shall determine the property is fit for use if it has been decontaminated in accordance with these regulations and the requirements of 6 CCR 1014-3, and all fees have been paid; or, demolished.

      2. After a property has been determined to be fit for use, Health Department placards shall be removed from the property; a Certificate of Compliance shall be recorded, if appropriate; and, the determination shall be noted in the Health Department record.
         

    2. Unfit for use:

      1. The Health Department shall determine that the property is unfit for use if it has not been decontaminated in accordance with these regulations or the requirements of 6 CCR 1014-3, or if applicable fees have not been paid; and, if the property has not been demolished.

      2. If it is determined that the property is unfit for use, it shall remain closed until decontamination or demolition is complete.

      3. If the property owner contests a Health Department determination that a property is unfit for use, the owner may re-sample, or do such other actions, as necessary at his own expense to demonstrate compliance or come into compliance with the applicable requirements. The Health Department will then re-evaluate its determination upon payment of the additional service fee.
         

    3. A determination by the Health Department that a property meets the requirements of these regulations, and 6 CCR 1014-3, does not supersede the regulatory authority of other local, State, or federal agencies which may also have required closure of the property.

Section 4.6: Property Owners Responsibilities

When the Health Department closes a property, the property owner shall use reasonable means to keep the property secured against entry or occupancy by anyone, except as provided by these regulations, until such time as the Health Department determines that the property is fit for use, or the property is demolished. If the property owner does not maintain the security of the property, the Health Department may use any reasonable means to secure it and may charge any costs incurred to the owner.

Section 4.7: Enforcement

  1. Health Department inspections may be made with the consent of the property owner, occupant, or other responsible person. If consent is not granted, a search may be made pursuant to a search warrant issued by a court of competent jurisdiction.
     

  2. If the Health Department has inspected a property and determined that the property owner is in violation of these regulations, or has reasonable grounds to believe that the property owner is in violation of these regulations, the Health Department shall issue an appropriate notice and order to the property owner.
     

  3. A notice and order issued by the Health Department shall:

    1. Describe the property where the violation has occurred, and the owner or owners of the property;

    2. Identify the violation(s) according to one or more sections of these regulations;

    3. Identify the requriement(s) to achieve compliance with these regulations;

    4. Set a reasonable time period for the property owner or owners to achieve compliance;

    5. Describe the procedure to appeal the notice and order in accordance with Chapter 1, Administrative Hearing Procedure, of the Regulations of the El Paso County Board of Health.
       

  4. The Health Department shall serve a notice and order by United States first class Mail to the last known address of the property owner. Other methods of service may be substituted if reasonably calculated to give actual notice to the owner of the property.
     

  5. If the property owner fails to comply with the order, and no appeal has been properly filed, the Health Department may file in the office of the County Clerk and Recorder a Certificate of Non-Compliance describing the property and certifying that the property is in violation of Health Department regulations as set forth in a notice and order. If a Certificate of Non-Compliance is filed, and subsequently, all violations have been corrected, and all fees have been paid, the Health Department shall file a Certificate of Compliance with the County Clerk and Recorder certifying that the violations described in the notice and order have been corrected.
     

  6. Within five (5) working days after a property owner has received a notice and order, he may request in writing an administrative hearing in accordance with the provisions of the El Paso County Board of Health Administrative Hearing Regulations. If the Health Department does not receive the written request for an administrative hearing within the five (5) working days, the notice and order is final and may not be appealed to any administrative entity or court.
     

  7. Any person conducting any activity, operation , or condition in violation of these regulations, who after being ordered to abate, correct, or discontinue such activity, operation or condition, continues in violation of the order may be prosecuted pursuant to the provisions of Section 16-13-307, C.R.S., for violation Section 16-13-305(1)(f), C.R.S., as a Class 3 public nuisance.
     

  8. Any person conducting any activity or allowing any condition in violation of these regulations, or in violation of 6 CCR 1014-3, which after being ordered abated, corrected, or discontinued by a lawful order of the Health Department, continues in violation of the order shall be assessed a civil penalty of not more than five hundred dollars ($500).
     

  9. Each day any violation of these regulations is committed or permitted to continue shall constitute a separate violation.
     

  10. Upon approval by the Board of Health, the Health Department may file suit, or request criminal prosecution through the Office of the District Attorney, or otherwise as provided by law, for injunctive relief, imposition of civil or criminal sanctions, collection of fees, and such other relief as is provided by law to correct any condition that exists in violation of these regulations.
     

  11. In addition to any penalties imposed by a court of competent jurisdiction, any person found guilty of violating a provision of these regulations shall be liable for all expenses incurred by the Health Department in removing or abating any nuisance condition caused by the violation, including administrative fees that the Board of Health may adopt.

To see the entire Board of Health Regulations click here
 

Methamphetamine Laboratory Decontamination Permit Application

Methamphetamine Laboratory Clean Up Permit