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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:
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DESIGNATED EMERGENCY RESPONSE AUTHORITY or DERA: An
entity authorized by the local governing body having jurisdiction to
respond to incidents involving hazardous substances.
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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.
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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.
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IMMINENT HEALTH HAZARD: A condition that requires
immediate corrective action to prevent endangerment of public
health.
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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.
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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.
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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:
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Make appropriate investigations, inspections,
reviews, and evaluations regarding any property reasonably believed
to have chemical contamination from the manufacture of
methamphetamine.
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Place closure cards on a contaminated property.
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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.
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Issue permits and charge fees as approved by the
Board of Health to implement these regulations.
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Provide oversight of decontamination activities
required in accordance with these regulations.
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Deny, suspend, or revoke a decontamination permit of
any person who fails to comply with the requirements of these
regulations.
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Order the closure of any property that fails to meet
any requirement of these regulations.
Section 4.4: Decontamination/Demolition
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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.
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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.
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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.
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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
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Contaminated Property Reports:
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Law enforcement agencies are encouraged to
report properties known or suspected of being contaminated by
the manufacture of methamphetamine to the Health Department.
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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.
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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.
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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.
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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.
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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.
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Entry of any property with a closure placard affixed
is restricted to:
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The property owner;
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The consultant;
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Decontamination or demolition contractor personnel;
and,
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Health Department, law enforcement, and DERA
personnel in the performance of their official duties.
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A closure placard shall display the following
information:
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Any special prohibitions or conditions in
effect;
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The address of the posted site;
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The name and telephone number of the Health
Department; and,
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That removal of any items from the property is
prohibited, except as approved by the Health Department.
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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.
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Preliminary Assessment:
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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.
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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.
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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.
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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.
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The Health Department shall approve the work
plan before issuing a decontamination permit for the property.
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If deemed necessary by the Health Department,
modifications to the work plan may be ordered.
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Decontamination Permit:
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The Health Department shall require a permit for
the decontamination of any property contaminated by
methamphetamine manufacturing.
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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.
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The decontamination permit fee shall cover a
one-time review, approval and inspection process as follows:
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Review of the preliminary assessment;
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Approval of the work plan;
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Review of the final report; and,
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A final property inspection.
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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.
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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.
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Determination:
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Fit for use:
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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.
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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.
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Unfit for use:
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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.
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If it is determined that the property is
unfit for use, it shall remain closed until decontamination
or demolition is complete.
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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.
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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
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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.
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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.
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A notice and order issued by the Health Department
shall:
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Describe the property where the violation has
occurred, and the owner or owners of the property;
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Identify the violation(s) according to one or
more sections of these regulations;
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Identify the requriement(s) to achieve
compliance with these regulations;
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Set a reasonable time period for the property
owner or owners to achieve compliance;
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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.
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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.
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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.
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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.
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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.
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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).
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Each day any violation of these regulations is
committed or permitted to continue shall constitute a separate
violation.
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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.
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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
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Methamphetamine Laboratory Decontamination Permit Application
Methamphetamine Laboratory Clean Up Permit
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