House Bill 94, a bill relating to methamphetamine (meth) contamination, created KRS 224.01-410 and amended KRS 198A00.040. The statutes make it a requirement for contractors to be certified by the Energy and Environment Cabinet (EEC) before conducting meth decontamination services for inhabitable properties. The cabinet shall maintain a list of vendors and contractors with current certification to provide decontamination services.
List of Certified Methamphetamine Cleanup Contractors
House Bill (HB) 765, passed by the Kentucky General Assembly during the 2008 regular session, includes a number of changes to the current methamphetamine lab cleanup law. Update on HB 765 implementation: Word PDF
HB 765:
• Establishes definitions for terms including contaminated property. A contaminated property is any inhabitable property used for the manufacture of meth and has been assessed as containing meth contamination.
• Requires EEC to establish a reasonable, appropriate, and protective tiered response system to address the level of decontamination services required for a contaminated property based on the degree of meth production and the degree of potential contamination resulting from meth production.
• Requires EEC to promulgate administrative regulations providing for decontamination standards for meth, meth precursors and related hazardous materials and sampling and testing standards for contaminated properties.
• Allows state or local law enforcement to post a meth contamination notice at the request of the state or local health departments. Department for Public Health is to promulgate regulations addressing posting and removal of notices.
• Amends current law by requiring applicants who are applying to become certified contractors to post financial assurance in the amount of $100,000 for a Tier 1, 2, or 3 cleanup; and $250,000 for a Tier 4 cleanup. It grandfathers in current contractors who have been certified by EEC prior to July 15, 2008.
• Establishes an appeal process with hearing for homeowners who own property that has been posted.
• Unless the property is properly decontaminated, the law requires the owner to disclose in writing to any potential lessor, tenant or buyer that the property is contaminated with meth. Department for Public Health is required to promulgate regulations setting forth the disclosure requirements.
• Establishes that any person who removes a notice of meth contamination is guilty of a Class A misdemeanor.
• Establishes that any person who leases, rents, or sells a property that has not been decontaminated without giving written notice is guilty of a Class D felony.
HB 765 requires EEC to establish a reasonable, appropriate, and protective tiered response system to address the level of decontamination services required for a contaminated property based on the degree of meth production and the degree of potential contamination resulting from meth production. There will be four tiers of cleanup response, from Tier 1 through Tier 4. Tier 1 properties are those with limited evidence of meth manufacturing and contamination and therefore limited decontamination is required. A Tier 4 property is a mass production meth lab where large amounts of meth are manufactured and large volumes of wastes can be generated resulting in more extensive decontamination efforts. The law requires all contaminated properties to be decontaminated to at least a Tier 1 level.
Tier Response Criteria
HB 765 amends current law by requiring applicants who are applying to become certified contractors to post financial assurance in the amount of $100,000 for a Tier 1, 2 or 3 cleanup; and $250,000 for a Tier 4 cleanup. It grandfathers in current contractors who have been certified by EEC prior to July 15, 2008. Currently under revision.
The Kentucky Division of Waste Management (KDWM) has developed decontamination requirements for the four cleanup response tiers provided and is in the process of modifying the cleanup guidance document to incorporate these changes. Please note: the decontamination standard for methamphetamine is still 0.1 ug/100 cm2 ; there is no change at this point. Also the post-decontamination sampling and testing procedures have not changed. Sampling must still be conducted as provided in the cleanup guidance.
Tier decontamination steps.doc
Kentucky Methamphetamine Lab Decontamination Guidance For Inhabitable Properties -- currently under revision
Contractor's Certificate of Decontamination 5035 CCD.doc
Owners Certificate of Demolition 6085 OCD.doc
1. Register with the cabinet. Submit the following form, 6079A METH Contractor Application.doc
2. The applicant must provide a certificate of liability insurance issued by an insurance company licensed to do business in Kentucky certifying that the applicant has a public liability insurance policy in an amount of $250,000. This is for personal or property damage that might occur to third parties arising from the performance of decontamination services for inhabitable properties by the contractor as his or her employee or agents. In the event the insurance policy lapses, the applicant must provide a suitable replacement policy prior to the expiration of the existing policy. The cabinet requests that it be named as the certificate holder.
3. The applicant must provide financial assurance in the amount of $100,000 to decontaminate properties assigned Tier 1, 2 or 3 or $250,000 to decontaminate properties assigned as a Tier 4 contaminations. Provide an original 6079B Surety Bond.doc or Irrevocable Letter of Credit 6079C LOC.doc or 6079E Escrow Agreement.doc or 6079F Financial Test.doc or 6079G Corporate Guarantee.doc along with a Performance Agreement 6079D Performance revision.doc with no additions, deletions or alterations of the language. If mistakes are made please strike through and initial.
4. A Performance Agreement 6079D Performance revision.doc must be signed and submitted by the registrant, which binds either the 6079B Surety Bond.doc or Irrevocable Letter of Credit 6079C LOC.doc or 6079E Escrow Agreement.doc or 6079F Financial Test.doc or 6079G Corporate Guarantee.doc with the cabinet.
5. Provide a Statement of Qualifications (SOQ) - current training certificates that are applicable to this type of decontamination activity. At a minimum you or your company should have individuals with Occupational Safety and Health Administration (OSHA) 40-hour Hazardous Waste and Emergency Response Operations (HAZWOPER) certification. The Kentucky Office of Occupational Safety and Health (KyOSH) considers employers whose employees perform decontamination and/or cleanup work of former methamphetamine laboratories to fall under the scope of the requiring HAZWOPER certification. This determination is supported by the provisions of 29 CFR 1926.65(a)(1) and 29 CFR 1926.65(a)(1)(iii).
6. Certify that decontamination will be performed safely and in accordance with 803 KAR 2:403 and each cleanup conducted meets the requirements as provided in the Kentucky Methamphetamine Lab Decontamination Guidance For Inhabitable Properties 2008* currently under revision.
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 KRS 224.01-410. Within 30 days, you must also report any changes in your registration information with the Kentucky Division of Waste Management such as address, financial assurance and/or liability insurance changes. Forfeited financial assurance may be used by the cabinet to decontaminate inhabitable properties. EEC reserves the right to use a third-party contractor to verify decontamination services of any property as it deems necessary. Failure to comply fully with the requirements of this certification and KRS 224.01-410 and 803 KAR 2:403 may result in the immediate revocation of your certification by the KDWM.
KDWM is currently drafting regulations to implement the provisions of HB 765 as well as contractor certification. The regulations are anticipated to be submitted to the Legislative Research Commission by fall 2008. It is anticipated it would not take effect until January or February 2009. The Department for Public Health will be promulgating regulations regarding posting and removal of notices on properties. The Kentucky State Police will be promulgating regulations for conducting the initial assessment of the properties.
