House of Representatives

HB 2595

clandestine drug labs; cleanup

(now: methamphetamine laboratory cleanup)

Sponsors: Representatives Somers, Foster,

Senators Cummiskey, Richardson, et al

 

DPA

Committee on Health

DPA

Caucus and COW

DP

Third Read

 

X

As Transmitted To The Governor

 

HB 2595 establishes procedures for notification, remediation and enforcement for cleaning up clandestine drug labs.

 

History

According to the President’s Office of National Drug Control Policy, clandestine drug labs are typically found in houses, apartments, motel rooms, rental storage spaces and motor vehicles. The dangers associated with the production of crystal methamphetamine (meth), ecstasy, and LSD include flammability, toxicity, reactivity, oxidation potential and corrosion. The production undertaken at these clandestine drug labs leaves behind a residual contamination after the initial cleanup performed by law enforcement. The Koch Crime Institute maintains contamination can linger in the ventilation system, plumbing and surfaces such as walls, carpeting and ceilings. The Institute found that exposure to low levels of contamination might be harmful due to the toxic nature of the contaminants.

 

The Drug Enforcement Agency reports that 369 crystal meth labs were found in Arizona in 2001. Arizona is currently ranked one of the top five states in crystal meth production. The estimated cost to cleanup a meth lab according to the National Congressional Caucus to Fight and Control Methamphetamine may range from $3,100 to $150,000 depending on the size of the structure and the degree of contamination.

 

In response the rising incidence of meth labs, the Attorney General’s Office created the Meth & Kids Initiative, which is comprised of the Drug Enforcement & Violent Crimes section and the Protective Services section. The initiative has been working in conjunction with the officers associated with High Intensity Drug Traffic Area on the cleanup of clandestine drug labs. 

 

The strike-everything amendment to SB 1375 establishes protocols for drug laboratory discovery, notification and clean requirements.  The amendment allows the Board of Technical Registration to license and regulate drug laboratory site remediation companies, supervisors and employees. 

 

Provisions

Definitions

·        Defines Clandestine Drug Laboratory, Drug Laboratory Site Remediation Firm, Ecstasy, Gross Contamination, LSD, Methamphetamine, Real Property and Residually Contaminated Portion of the Real Property.

Discovery of a Drug Laboratory

·        Specifies a law enforcement officer will deliver a copy of notice of removal to clean the contaminated area to the owner, on-site manager or on-site drop box.  In case of a tenant-owned unit in a space rental mobile home or recreational vehicle park, notice is given to the occupant and park landlord.

Within Two Days of Discovery

·        Requires a notice of removal to be mailed to the originally notified parties at the time of discovery.

Five Days after Mailing Notice

·        Stipulates a copy of the notice of removal be mailed to the County Health Department, Local Fire Department and the owner’s address on file with the County Assessor.

Notice of Removal

·        Includes notification that only the owner, landlord or manager may enter the residually contaminated area.

·        Includes notice that a drug lab was seized that contained chemicals and equipment used in producing ecstasy, crystal meth or LSD.

·        Includes date of seizure, the name of the law enforcement agency involved and contact information for the respective agency.

·        Includes warning that disturbing the notice is considered a Class 2 misdemeanor.

·        Includes warning that violating the notice is considered a Class 6 felony.

·        Includes notice that the owner of the contaminated property is required to remediate the property and that failure to comply makes the owner subject to civil liability.

Remediation

·        Requires the owner of a contaminated property to remediate the contamination by retaining a Drug Laboratory Site Remediation Firm registered with the Board of Technical Registration.

·        Requires a Drug Laboratory Site Remediation Firm to comply with remediation requirements set forth by the Board of Technical Registration.

Upon Completion of Remediation

·        Instructs the Drug Laboratory Site Remediation Firm to remove posted notices of removal.

·        Requires the Drug Laboratory Site Remediation Firm within twenty-four hours of remediation completion to deliver or mail a certified copy of the certificate of remediation to the owner, county health department, local fire department, local law enforcement and the law enforcement agency responsible for the seizure.

·        Requires the County Health Department to maintain and make available on request any documents that were submitted relating to the remediation of properties.

Rules Governing Unremediated Property Notification and Transactions

Purchase of Real Property

·        Requires seller to notify buyer, in writing, within five days after signing contract to purchase the real property that a clandestine drug lab was operated on the property. The buyer may cancel the contract within five days of receiving notice.

Rental

·        Requires landlord to notify the prospective tenant in writing that the rental was used in conjunction with the operation of a clandestine drug lab. The notice will be attached to the rental agreement. Failure to comply with this notification enables the tenant to void the contract.

Occupier of Room

·        Requires the owner or manager to notify the customer before they occupy the room that the room was utilized as a clandestine drug lab. Failure to notify enables the customer to void the contract.

Mobile Home or Recreational Vehicle

·        Requires owner to notify buyer or prospective tenant before they take possession that the mobile home or recreational vehicle was occupied by the operation of a clandestine drug lab. The buyer has five days from receiving the notice to void the contract. A prospective tenant must be notified before signing an agreement Noncompliance with the section allows the buyer or tenant to void the contract or agreement

·        Requires a landlord in a space rental park, upon receipt of notice of removal, to notify lienholder and owner of record to remove the mobile home or recreational vehicle within thirty days. If removal does not occur the landlord may remove or demolish the unit.

Oversight Committee

·        Establishes the Joint Legislative Oversight Committee on Residual Contamination of Drug Properties.

·        Specifies the committee will consist of following members: 

-         Three members appointed by the Speaker of the House.

-         Three members appointed by the President of the Senate.

-         One industrial hygienist appointed by the Governor.

-         One member from the Board of Technical Registration or director of the Board of Technical Registration.

-         One person who represents the residential estate industry appointed by the Governor.

-         Two public health officials appointed by the Governor.

-         Two peace officers appointed by the Arizona Peace Officers Standards and Training Board.

-         Two public prosecutors appointed by the Arizona Prosecuting Attorney’s Advisory Council.

-         Two members of the public appointed by the Governor.

-         The Attorney General or the Attorney General’s designee.

·        Requires the committee to review standards of remediation, which will be submitted by the Attorney General. The committee shall recommend best practices and standards for remediation and submit them to the Board of Technical Registration to adopt by rule no later than July 31, 2003. 

·        Provides a rule making exemption for the Board of Technical registration for one year to adopt best practices and standards for remediation.

·        Requires the committee to study and make recommendations regarding the effectiveness of the program and submit a report of its findings.

Board of Technical Registration (Board) - Licensing

·       Defines Drug Laboratory Site Remediation Firm, On-Site Worker and Remediation Supervisor.

·       Requires Drug Laboratory Site Remediation Firms to register with the Board.  Drug Laboratory Site Remediation Firms must meet the following requirements for registration:

-         Submit and application and fee prescribed by the Board.

-         Provide a description of the services that will be offered to the public.

-         Be licensed with the Registrar of Contractors.

·       Requires Remediation Supervisors to obtain certification with the Board.  Remediation Supervisors must meet the following requirements for certification:

-         Submit and application and fee prescribed by the Board.

-         Be at least eighteen and of good moral character.

-         Trained pursuant the state and federal Occupational Safety and Health Administration (OSHA) regulations. 

·       Requires On-Site Workers to register with the Board.  On-Site Workers must meet the following requirements for registration:

-         Submit and application and fee prescribed by the Board.

-         Be at least eighteen and of good moral character.

-         Trained pursuant the state and federal OSHA regulations.

·       Allows the Board to establish annual renewal fees for Drug Laboratory Site Remediation Firms, Remediation Supervisors and On-Site Workers.

·       Conforms statutes to include certification and any Board regulated profession or occupation.

Regulation of Drug Laboratory Site Remediation – Rules & Standards Committee

·         Provides authority for the Board to take disciplinary action against any registered Drug Laboratory Site Remediation Firm, On-Site Worker or certified Remediation Supervisor.

·         Establishes a Board of Technical Registration Environmental Remediation Rules and Standards Committee to draft and recommend to the Board the criteria for remediation of real property.  The Committee will also participate in the investigation and review of drug laboratory remediation complaints as authorized by the Board.

Effective Dates

·         The Joint Legislative Oversight Committee on the Residual Contamination of Drug Properties and the Board of Technical Registration Environmental Remediation Rules and Standards Committee have an immediate effective date.

·         The notification, licensing and regulation of remediation companies and standards for cleaning up drug labs are effective from and after June 30, 2003.

 

 

 

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45th Legislature                    

Second Regular Session        5          May 29, 2002

 

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