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(a) Purpose and Intent. The purpose of this chapter is to reduce public exposure to health risks where trained law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab site or associated dumpsite may exist. The City Council finds that such sites may contain suspected chemicals and residues that place people, particularly children or adults of child bearing age, at risk when exposed through inhabiting or visiting the site, now and in the future.
(b) Interpretation and Application. The provisions of this chapter shall be construed to protect the public health, safety and welfare.
(1) Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. In the event that the State or Federal Government promulgates cleanup guidelines that are more stringent or that pre-empt local regulation, its clean-up guidelines shall prevail.
(2) Should any court of competent jurisdiction declare any section or subpart of this chapter to be invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof, other than the provision declared invalid.
(c) Definitions. As used in this chapter:
(1) "Certified industrial hygienist" means a person certified in the comprehensive practice of industrial hygiene by the American Board of Industrial Hygiene.
(2) "Chemicals and equipment" means the bulk or containerized chemicals, illegal drugs and their precursor drugs, equipment and other items that are found in a clandestine drug laboratory that were used in the manufacture of any controlled substance.
(3) "Child" means any person less than 18 years of age.
(4) "Chemical dumpsite" means any place or area where chemicals or other waste materials used or produced in a clandestine drug lab have been located.
(5) "Clandestine drug lab" means the unlawful manufacture or attempt to manufacture controlled substances. Only those labs which law enforcement determine may contain residual contamination that could be harmful to the occupants are subject to this chapter.
(6) "Clandestine drug lab site" means any place or area where law enforcement has determined that conditions associated with the operation of a clandestine drug lab exist. A clandestine drug lab site may include residential, commercial, industrial or institutional structures, accessory buildings, accessory structures, motor vehicles, a chemical dumpsite or any land.
(7) "Controlled substance" means a drug, substance or immediate precursor in Schedules I through V of Ohio R.C. 3719.41. The term does not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
(8) "Household hazardous wastes" means waste generated from a clandestine drug lab. Such wastes shall be treated, stored, transported or disposed of in a manner consistent with all federal, state and local regulations.
(9) "Manufacture", in places other than a pharmacy or a licensed pharmaceutical manufacturing facility, means and includes the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of controlled substances.
(10) "Owner" means any person, firm or corporation who owns, in whole or in part, the land, buildings, or structures associated with a clandestine drug lab site or chemical dumpsite.
(11) "Owner's agent" means person designated by the owner to act on behalf of the owner
(12) "Property" means real or personal property, which includes the following:
A. The area within a structure and the area that surrounds a structure and that is within the land boundary or property lines of any property that can be used for commercial or residential purposes or is occupied by people for any length of time for any purpose, and
B. A vehicle as defined in Ohio R.C. 4501.01.
(13) "Public health nuisance" includes all residential, commercial, industrial or institutional structures, dwellings, accessory structures and buildings associated with a clandestine drug lab site that are potentially unsafe due to health hazards.
(14) "Remediation" means the cleanup, removal, or destruction of chemicals and equipment or residual contamination at a clandestine drug laboratory site to conform with the remediation standards required by these regulations and any action, including the destruction of property, necessary to investigate, prevent, minimize or mitigate potential damages or injury to human health, the environment, or property that may result from the chemicals or residual contamination.
(15) "Remediation firm" means a person or firm that:
A. Performs remediation of residual contamination from the manufacture of any controlled substance or the storage of chemicals or equipment used in manufacturing any controlled substance, or
B. Conducts preliminary assessments or post-remediation assessments, including testing, for the presence of residual contamination from the manufacture of any controlled substance or the storage of chemicals or equipment used in manufacturing any controlled substance.
(16) "Residual contamination" means any contaminants associated with manufacturing any controlled substance that are left at a property after the initial removal of chemicals and equipment.
(17) "Residually contaminated portion of the property" means the structure or unit where chemicals and equipment were removed and the area of any adjacent structure, unit or land where evidence of residual contamination is observed by a law enforcement agency.
A. Where chemicals and equipment are removed from a house, mobile home or vehicle, the entire property shall be deemed the residually contaminated portion of the property, not just the room or rooms in which the chemicals and equipment are found.
B. Where chemicals and equipment are removed from a detached shed, garage or other uninhibited structure, and the inhibited structure or other property on the land is not affected, then the detached structure shall be deemed the residually contaminated portion of the property.
C. Where chemicals and equipment are removed from a hotel or motel room, apartment unit, storage locker or other similar property with controlled-access units and the adjacent rooms or units are not affected, then the contaminated room or unit shall be deemed the residually contaminated portion of the property.
(18) "Verification" means a confirmation, by a law enforcement agency that is trained in identification of clandestine drug lab sites or chemical dumpsites, that the Property contains a clandestine drug lab site or chemical dumpsite.
(Ord. 2013-76. Passed 6-27-13.)