Meth Labs — New Colorado
Cleanup Mandate Over the past two years the General Assembly has created a detailed statutory framework governing how property owners must deal with even suspected meth labs. Under this statutory authority, the Colorado Board of Health has adopted regulations that set a cleanup standard for meth labs and, more importantly, the process and procedure under which meth labs must be sampled and cleaned. Cities, counties and local health departments have authority to add to these requirements and create permitting and other programs to suit their needs. It is always critical to check for additional local requirements. This is a mandatory process and failure to comply can have serious civil and even criminal ramifications. Once a property owner learns that a meth or other drug lab possibly is or was present on their property, several statutory obligations arise:
While these are rigorous requirements, there is a benefit to compliance with the regulatory cleanup process. Once a property owner has an industrial hygienist certify that the cleanup procedures have been met, the property owner is immune from suit by subsequent occupants or neighbors for health problems. Property damage suits and other causes of action would appear to still be available to subsequent occupants. Property owners and management companies face potential liabilities in these situations from a variety of quarters. Ranging from negligence to property damage, claims may and have been brought by the occupants of neighboring units and the owners of personal property that has been contaminated. As it is not uncommon for public health or building departments to mark neighboring units as unfit for occupancy, property owners and management companies must act quickly to avoid substantial claims from those that allege negligence in allowing the meth lab to exist. Personal property inside a meth lab is the responsibility of the owner of the personal property. A property owner that is trying to clean its property may dispose of abandoned personal property - a situation that is typical if the meth lab was busted by law enforcement and cooks arrested. In the case where the meth lab is not identified until a new tenant is in the space, the same rule applies. This does not mean, however, that the new tenant is without claims against the landlord for all costs of having their property cleaned. The public policy behind these strict requirements is based upon the extreme hazard these labs present. Meth labs are simple to create and very dangerous to operate. The equipment necessary is readily available from a variety of locations. The ingredients are also fairly easy to obtain and most are common products. Unfortunately these ingredients are dangerous if not handled properly. These dangerous properties are magnified when these ingredients are combined in the presence of heat and open flame. The people operating these labs are not typically experts in chemistry. They are not terribly careful nor precise. Frequently they are using drugs while running their labs. Taken together this is a recipe for disaster. Fire and explosion are not an infrequent result. Even if run without a disaster, we know from recent studies that these labs will cause very serious contamination where they operate. Recent studies by National Jewish Medical and Research Center researchers demonstrate the contamination inside a meth lab is very dangerous and that the occupants of the property and first response agency personnel can easily be exposed to toxic materials. These contaminants are persistent and can be detected months and even years after the fact. The contamination coming from an operating lab is very complex. We are only now learning about the magnitude of some of these contaminants. Various toxic gases are liberated during reactions and flow throughout the space. Depending upon operations various liquids and solids are spilled or splashed on carpets, floors and walls. Waste products are the classic “witches brew” of toxic materials with a huge variety of chemicals and complex compounds. These wastes frequently are disposed down drains, into the common trash or onto the ground. If septic systems are present, you must assume they are contaminated and will require cleanup. The contaminants leave residues on all the surfaces in the area. The ventilation systems will be contaminated. Recent studies show that the contaminants penetrate into porous surfaces of all types and are not readily removed with routine cleaning. Painting over surfaces without cleanup, is not acceptable as some of the contaminants will leach through paint. In the worst cases, contaminants will be found inside dry wall, in the boards of cabinets, in the floor boards below carpet and pads. Even cleaning with industrial chemicals is frequently not adequate to remove these contaminants. In these cases, the appropriate remedy may be removal of all these porous materials. In milder cases, aggressive cleaning can be successful. It must be noted, however, that the author has never seen successful cleaning of fabrics, carpets and pads. Extreme caution must be used when contemplating cleaning. This is not a job for normal maintenance and cleaning crews. Protective equipment must be used if for no other reason than the cleaning chemicals themselves pose risks to the users. OSHA 40-hour hazardous materials training is typically the minimum. Keep in mind that if other contaminants are present, such as asbestos, different training and certification will be necessary. Sampling for methamphetamine and the myriad of other contaminants is also a job for experts. The procedures established under the new Board of Health regulations are very detailed. Only industrial hygienists or certified industrial hygienists may conduct the sampling and design the cleanup plans. The cost of cleanup can be great. Fabrics and highly porous materials will need to be disposed. Damage to neighboring spaces may be present. For example, if the lab was running in a self-storage unit such that several neighboring units were contaminated through common ventilation, this cost can be quite large. Cleanup of a two-bedroom apartment heavily used as a meth lab can easily run in excess of $30,000 and at the end of the process you have a gutted unit requiring new cabinets, carpets and paint.
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