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H.J.R. 11 Enrolled

                 

RESOLUTION REGARDING METHAMPHETAMINE LAB CLEANUP

                 
AND PUBLIC SAFETY STANDARDS AND PROGRAMS

                 
1999 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: A. Lamont Tyler

                  A JOINT RESOLUTION OF THE LEGISLATURE REQUESTING THAT THE UTAH
                  SUBSTANCE ABUSE AND ANTI-VIOLENCE COORDINATING COUNCIL WORK WITH
                  THE DEPARTMENT OF ENVIRONMENTAL QUALITY, THE DEPARTMENT OF HEALTH,
                  AND THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH RECOMMENDATIONS
                  FOR STANDARDS REGARDING CLEANUP OF BUILDINGS USED AS
                  METHAMPHETAMINE LABS, AND STANDARDS FOR DETERMINING IF THE CLEANUP
                  IS ADEQUATE FOR HABITABILITY; TO ESTABLISH TRAINING PROGRAMS FOR
                  EMPLOYEES OF AGENCIES AFFECTED BY THESE LABS; TO IMPLEMENT A
                  CERTIFICATION PROGRAM REGARDING BUSINESSES INVOLVED IN
                  METHAMPHETAMINE LAB CLEANUP SERVICES; TO DETERMINE WHICH AGENCIES
                  SHOULD IMPLEMENT AND ENFORCE THESE PROGRAMS; AND TO PROVIDE
                  RECOMMENDATIONS REGARDING CLEANUP FUNDING SOURCES.
                  Be it resolved by the Legislature of the state of Utah:
                      WHEREAS, methamphetamine is an illicit drug that is manufactured in illegal clandestine
                  laboratories which are likely to produce toxic fumes and large amounts of toxic waste, which can
                  permeate the area where the methamphetamine is manufactured, creating serious risks to human
                  health;
                      WHEREAS, Utah is usually included in the top three states in terms of numbers of
                  methamphetamine labs seized, and the numbers are increasing with more than 300
                  methamphetamine labs seized last year;
                      WHEREAS, the real property where methamphetamine labs are operated becomes severely
                  contaminated;
                      WHEREAS, buildings contaminated by methamphetamine lab operations pose a risk to the
                  peace officers, health department employees, human services employees, and others who become


                  exposed to these sites;
                      WHEREAS, training programs are not available to adequately educate public health and
                  safety personnel throughout the state so they have the skills necessary to safely manage the discovery
                  and investigation of a methamphetamine lab;
                      WHEREAS, property owners and possible occupants of the building also risk exposure if the
                  building has not been adequately cleaned;
                      WHEREAS, the state needs to have generally applicable standards for determining to what
                  level and by what means a site must be cleaned in order to ensure habitability of the site;
                      WHEREAS, the state does not have established methods and guidelines for determining if
                  cleaning has rendered the site habitable, or what action should be taken to protect the public if the
                  site does not meet standards of habitability; and
                      WHEREAS, the state also does not have a program for the certification of businesses who
                  offer services in the cleanup of methamphetamine lab sites, and this certification would be of benefit
                  to property owners who must deal with sites where a methamphetamine lab has been operated:
                      NOW, THEREFORE, BE IT RESOLVED that the Legislature requests that the Utah
                  Substance Abuse and Anti-Violence (USAAV) Coordinating Council, created in Section
                  63-25a-201 , coordinate and staff a work group of representatives from the Department of
                  Environmental Quality, the Department of Health, and the Department of Public Safety, working in
                  consultation with the Drug Enforcement Administration, the Environmental Protection Agency, and
                  other appropriate federal, state, and local agencies, in order to make recommendations regarding the
                  establishment of the following:
                      1. standards for the procedures to be used in cleanup of methamphetamine lab sites;
                      2. standards for habitability of those sites, and which agency shall be responsible for
                  enforcement of the standards;
                      3. a certification program for businesses involved in methamphetamine lab cleanup, and
                  which agency shall be responsible for certifying businesses;
                      4. training programs for public health and safety employees who face the risk of exposure
                  to a methamphetamine lab in the course of carrying out their employment duties, and which agency

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                  shall be responsible for conducting the training; and
                      5. sources to provide funding for methamphetamine lab cleanup costs.
                      BE IT FURTHER RESOLVED that the USAAV Council seek and include input from local
                  health departments as the work group carries out the purposes of this resolution.
                      BE IT FURTHER RESOLVED that the USAAV Council compile a report of the results of
                  the work group's efforts and any recommendations the work group may have for legislation, and
                  make this report available to the Law Enforcement and Criminal Justice and Judiciary Interim
                  Committees of the Legislature not later than September 30, 1999.

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