CHAPTER 131: CLANDESTINE DRUG LAB
Section
   131.01   Title
   131.02   Purpose
   131.03   Definitions
   131.04   Contaminated property/contaminated site designation
   131.05   Declaration of public health and environmental hazard
   131.06   Public notice of contamination
   131.07   Occupation prohibited
   131.08   Notice to owner
   131.09   Responsibilities of the owner
   131.10   Responsibilities of the qualified inspector
   131.11   Third party verification
   131.12   Health Department
 
   131.99   Penalty
§ 131.01 TITLE.
   This chapter shall be titled “Clandestine Drug Lab Ordinance”, and may be cited as such.
(Ord. 2015-6-15, passed 6-15-2015)
§ 131.02 PURPOSE.
   The purpose of this chapter is to protect the public from health and environmental hazards by requiring owners of a contaminated property and/or a contaminated site to decontaminate such locations which have been found by the Health Department to have been a location for the use and/or production of methamphetamine.
(Ord. 2015-6-15, passed 6-15-2015)
§ 131.03 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CONTAMINANT. Any solid, semi-solid, liquid or gaseous matter, odor or any pollutant from the manufacturing of methamphetamine, an immediate precursor of the controlled substance, or a waste produced from the illegal manufacture of a controlled substance, that:
      (1)   Is injurious to human health, plant or animal life, or property; or
      (2)   Interferes unreasonably with the enjoyment of life or property.
   CONTAMINATED PROPERTY. Single-family dwellings, multiple family dwellings, hotels, motels, mobile homes, any other residential structure or vehicle which has been used for the production of methamphetamine. A CONTAMINATED PROPERTY shall be construed to also mean its lot, outbuildings or other accessories.
   CONTAMINATED SITE. Open or vacant real estate which has been used for the production of methamphetamine including, but not limited to, wooded areas and fields.
   DECONTAMINATE.
      (1)   The removal of contaminants, by a qualified inspector, from the manufacture of methamphetamine, an immediate precursor of the controlled substance or a waste produced from the illegal manufacture of a controlled substance from a waste produced from the illegal manufacture of a controlled substance from a contaminated property.
      (2)   DECONTAMINATION may include either or all of the following:
         (a)   Reduction of the level of chemicals used in the manufacture of methamphetamine to or below the final decontamination levels listed in 318 I.A.C. 1-5-2;
         (b)   Removal of all potentially contaminated materials under 318 I.A.C. 1-5-4;
         (c)   Demolition of a structure under 318 I.A.C. 1-6; and/or
         (d)   Removal of materials under 318 I.A.C. 1-5-3 and replacement with like material at or below the final decontamination levels listed in 318 I.A.C. 1-5-2.
   DECONTAMINATE PLAN. A plan that documents the following:
      (1)   The name and contact information of the qualified inspector hired to decontaminate the property/site;
      (2)   Time frame for the decontamination; and
      (3)   How the decontamination will be handled.
   HEALTH DEPARTMENT. The Putnam County Health Department.
   INSPECTION. All activities required to determine if the contaminated property meets decontamination levels or to confirm that decontamination is not required.
   LAW ENFORCEMENT AGENCY. The law enforcement agency whose principal function is the apprehension of criminal offenders and which has jurisdiction over the contaminated property.
   MANUFACTURE. Has the meaning set forth in I.C. 35-48-1-18.
   METHAMPHETAMINE ACTIVITY. The manufacturing or use of methamphetamine.
   OWNER. Either of the following:
      (1)   A person having an ownership interest in the contaminated property or contaminated site; or
      (2)   An agent of the person having an ownership interest in the contaminated property or contaminated site.
   PERSON. An individual, a partnership, limited liability company, corporation, firm, a joint stock company, a trust, an estate or any other legal entity.
   PUBLIC HEALTH OR ENVIRONMENTAL HAZARD. Any activity or condition that adversely affects the public health or environment.
   QUALIFIED INSPECTOR. A person who has been placed on the Indiana Department of Environmental Management (IDEM) qualified inspector list.
(Ord. 2015-6-15, passed 6-15-2015)
§ 131.04 CONTAMINATED PROPERTY/CONTAMINATED SITE DESIGNATION.
   A contaminated property or contaminated site will be designated as contaminated when:
   (A)   Any law enforcement agency provides the Health Department with a report stating the contaminated property or contaminated site was used for methamphetamine activities;
   (B)   Health Department inspection shows levels at the contaminated property or contaminated site are above the levels set forth in 318 I.A.C. 1-5-2; and/or
   (C)   Other proof which shows that levels at the contaminated property or contaminated site are above the levels set forth in 318 I.A.C. 1-5-2.
(Ord. 2015-6-15, passed 6-15-2015)
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