Ky. Rev. Stat. ch. 224 § 224.1-410

224.1-410 Legislative findings regarding methamphetamine contamination -- --
Definitions -- Decontamination standards -- Procedures for assessment --
Tiered response system -- Certification by owner that property cleaned and
standard met -- Certification of decontamination contractors -- Posting
methamphetamine contamination notice -- Written notice of property
contamination to buyer or lessee -- Integrated state effort -- Federal funding to
be pursued.
(1) The General Assembly finds that properties contaminated with hazardous chemical
residues created by the manufacture of methamphetamine endanger innocent
members of the public due to exposure to these residues where properties are not
properly decontaminated prior to the subsequent rental, sale, or use of the
properties. Remediation of properties has been frustrated by a lack of
comprehensive standards and procedures for decontamination of properties found to
have been involved with methamphetamine production. The purpose of this section
where law enforcement has found evidence of the manufacture of
methamphetamine is to protect the public health, safety, and welfare by providing
specific cleanup standards and procedures.
(2) As used in this section, the following definitions shall apply:
(a) "Clandestine methamphetamine lab" means any inhabitable property used for
the manufacture of methamphetamine as defined by KRS 218A.1431;
(b) "Contaminated property" means any inhabitable property that has been used to
manufacture methamphetamine and has been assessed as containing
methamphetamine contamination;
(c) "Decontamination standards" means standards used to determine that a
contaminated property has become decontaminated;
(d) "Inhabitable property" means any building or structure and any related
curtilage, water, water system, or sewer system used as a clandestine
methamphetamine drug lab that is intended to be primarily occupied by
people, including a mobile home or an individual unit of a multifamily
housing unit, that may be sold, leased, or rented for any length of time.
"Inhabitable property" shall not include a hotel, as defined in KRS 219.011;
(e) "Surface material" means any porous or nonporous substance common to the
interior of a building or structure, including but not limited to ceilings and
walls, window coverings, floor and floor coverings, counters, furniture,
heating and cooling duct work, and any other surface to which inhabitants of
the building or structure may be exposed; and
(f) "Related hazardous material or hazardous waste" means any hazardous waste
as defined in this chapter or hazardous material as defined in KRS 174.405
that is related to the clandestine production of methamphetamine.
(3) (a) The cabinet shall promulgate administrative regulations providing for
decontamination standards for contaminated property, including:
1. Decontamination standards for methamphetamine and
methamphetamine precursors;
2. Decontamination standards for materials used in methamphetamine
production, including related hazardous material or hazardous waste;
and
3. Sampling and testing standards for contaminated properties with a tiered
response system for decontamination services.
(b) Absent administrative regulations described in this subsection, the
decontamination standard for methamphetamine inside inhabitable property is
less than or equal to one-tenth of one (0.1) microgram of methamphetamine
per one hundred (100) square centimeters of surface material.
(4) The Department of Kentucky State Police shall promulgate administrative
regulations establishing assessment procedures for determining if an inhabitable
property is a contaminated property.
(5) Upon a determination that an inhabitable property is a contaminated property under
subsection (4) of this section, the state or local law enforcement agency shall notify
the cabinet of its findings and results of assessment.
(6) (a) The cabinet shall promulgate administrative regulations to establish a
reasonable, appropriate, and protective tiered response system to address the
level of decontamination services required for a contaminated property based
upon the degree of methamphetamine production and the degree of potential
contamination resulting from methamphetamine production as indicated by
the results of assessment by responding state or local law enforcement.
(b) Tier 1 shall be for a transient contaminated property where the manufacturing
of methamphetamine with anhydrous ammonia was initiated but only limited
amounts of reagents or precursors are present and open, and where minimal
spill and staining may be observed.
(c) Tier 2 shall be for a transient contaminated property where the manufacturing
of methamphetamine with moderate activity or the use of red phosphorous is
evident but only limited amounts of methamphetamine, reagents, or
precursors were produced over a relatively short period of time, and where
spills and staining may be observed.
(d) Tier 3 shall be for an entrenched contaminated property where precursors and
reagent production has occurred over an extended period of time, from many
weeks to several months, and where spills, staining, and burn pits may be
observed. This tier designation shall be considered as the default tier
designation for homes and rental property with recurring methamphetamine
production.
(e) Tier 4 shall be for a mass production contaminated property where large
quantities, such as multiple pounds, of methamphetamine, reagents, or
precursors are present, and where potentially severe environmental effects
may be indicated because of the large quantities of drummed or buried waste
is discovered. Due to the potential for significant releases of hazardous
substances, pollutants, or contaminants, law enforcement agencies shall
consult with the cabinet prior to making this tier recommendation.
(7) Any contaminated property, regardless of the initial level of methamphetamine
contamination, shall meet the decontamination standard set forth in subsection (3)
of this section and, regardless of the results of testing or assessment, shall require at
least a Tier 1 cleanup response. A property owner shall certify to the cabinet that the
property has been cleaned to the standard set forth in subsection (3) of this section.
(8) (a) Only contractors certified by the cabinet shall be authorized to conduct the
decontamination services for inhabitable properties following the protocols of
the tiered response system. The cabinet shall maintain a list of vendors and
contractors with current certification to provide decontamination services. In
order to become a certified contractor, a contractor shall:
1. Register with the cabinet;
2. Post a surety bond or obtain other financial assurance, which shall
include but is not limited to a corporate guarantee, financial test-based
self-insurance, irrevocable letter of credit, or any combination of
assurances, in the amount of one hundred thousand dollars ($100,000)
for a Tier 1, 2, or 3 cleanup and two hundred fifty thousand dollars
($250,000) for a Tier 4 cleanup, which may be aggregated;
3. Provide a certificate issued by an insurance company licensed to do
business in Kentucky, certifying that the contractor has a public liability
insurance policy in an amount deemed sufficient by the cabinet for any
personal or property damages that might occur to third parties arising
from the performance of decontamination services for inhabitable
properties by the contractor or his or her employees or agents;
4. Certify that decontamination will be performed safely and in accordance
with 803 KAR 2:403; and
5. Certify that each cleanup conducted meets the decontamination standard
required by subsection (3) of this section.
(b) Any contractor who is certified by the cabinet, and whose certification is in
good standing, prior to July 15, 2008, shall retain that certification without
having to be recertified.
(c) Upon registration, the cabinet shall either accept or deny the contractor's
certification. The cabinet may revoke the certification of any contractor for
cause and may collect the forfeited financial assurance of any contractor found
to be in violation of this section. Forfeited financial assurance may be used by
the cabinet to decontaminate inhabitable properties.
(d) The cabinet shall promulgate administrative regulations to establish standards
and procedures for contractor certification and to establish reasonable fees to
implement this section.
(9) When a state or local law enforcement agency investigates an inhabitable property
that it has reason to believe has been used as a clandestine methamphetamine drug
lab, the state or local law enforcement agency shall, at the request of the state or
local health department under its respective authority pursuant to KRS Chapter 211
or 212, post a methamphetamine contamination notice on each exterior door of the
inhabitable property, except that in the case of a multifamily housing unit, it shall
post the notice on each entrance door to the individual unit. The Department for
Public Health shall promulgate administrative regulations establishing the notice
requirements and the process for removing the notice from inhabitable properties.
Any homeowner listed on the deed of the dwelling may request an administrative
hearing pursuant to KRS Chapter 13B to determine whether the methamphetamine
contamination notice is proper by filing a request for appeal with the Department
for Public Health within thirty (30) days of the methamphetamine contamination
notice having been posted on the property. The responding state or local law
enforcement agency shall, within three (3) business days of when the notice is
posted, report it by fax or e-mail to the local health department.
(10) Any owner of contaminated property who leases, rents, or sells contaminated
property upon which a methamphetamine contamination notice has been posted
under subsection (9) of this section shall disclose in writing to any potential lessee,
tenant, or buyer that the property is contaminated with methamphetamine and has
not been decontaminated pursuant to the requirements set forth in this section. If the
property has been decontaminated and released by the cabinet from the need for
further action, notice under this subsection shall not be required. The Department
for Public Health shall promulgate administrative regulations setting forth the
disclosure requirements.
(11) Once contaminated property has been decontaminated in accordance with standards
set forth in subsection (3) of this section, the cabinet shall make available to owners
of contaminated property who lease or rent the inhabitable property information
about federal income tax deductions or credits available to compensate for damage
done to the property in commission of a crime, including methamphetamine
production done by someone other than the owner.
(12) To effect the provisions and promote the purposes of this section, the Energy and
Environment Cabinet, the Cabinet for Health and Family Services, and the Justice
and Public Safety Cabinet shall integrate their efforts with other state agencies to
provide information and training to the public about the health hazards associated
with methamphetamine laboratories.
(13) The Energy and Environment Cabinet, the Cabinet for Health and Family Services,
and the Justice and Public Safety Cabinet shall pursue funds from the federal
government, through grants or any other funding source, to help pay for the cost of
assessment and decontamination of inhabitable properties.