Fourth Substitute H.B. 162

Representative A. Lamont Tyler proposes to substitute the following bill:

1 STANDARDS FOR ILLEGAL DRUG LAB DECONTAMINATION
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: A. Lamont Tyler
5 AN ACT RELATING TO ENVIRONMENTAL QUALITY; CREATING THE ILLEGAL DRUG
6 MANUFACTURING AND STORAGE SITE DECONTAMINATION ACT; PROVIDING FOR
7 THE DEPARTMENT OF HEALTH AND THE UTAH SOLID AND HAZARDOUS WASTE
8 CONTROL BOARD TO JOINTLY OVERSEE THE IDENTIFICATION AND CLEANUP OF
9 CONTROLLED SUBSTANCES MANUFACTURING SITES; PROVIDING RULEMAKING
10 AUTHORITY TO SET STANDARDS AND LICENSE CONTRACTORS FOR THE CLEANUP
11 OF SITES; PROVIDING FOR INITIAL NOTIFICATION OF A SITE BY LAW
12 ENFORCEMENT TO THE LOCAL HEALTH AUTHORITY; PROVIDING FOR LOCAL
13 HEALTH AUTHORITY INSPECTIONS; CREATING AN ILLEGAL DRUG
14 MANUFACTURING AND STORAGE SITE DECONTAMINATION LOAN FUND; AND
15 MAKING TECHNICAL CORRECTIONS.
16 This act affects sections of Utah Code Annotated 1953 as follows:
17 AMENDS:
18 26A-1-114, as last amended by Chapter 345, Laws of Utah 1998
19 ENACTS:
20 19-6-801, Utah Code Annotated 1953
21 19-6-802, Utah Code Annotated 1953
22 19-6-803, Utah Code Annotated 1953
23 19-6-804, Utah Code Annotated 1953
24 19-6-805, Utah Code Annotated 1953
25 19-6-806, Utah Code Annotated 1953

26 19-6-807, Utah Code Annotated 1953
27 19-6-808, Utah Code Annotated 1953
28 19-6-809, Utah Code Annotated 1953
29 19-6-810, Utah Code Annotated 1953
30 19-6-811, Utah Code Annotated 1953
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 19-6-801 is enacted to read:
33 Part 8. Illegal Drug Manufacturing and Storage Site Decontamination Act
34 19-6-801. Title.
35 This part is known as the "Illegal Drug Manufacturing and Storage Site Decontamination
36 Act."
37 Section 2. Section 19-6-802 is enacted to read:
38 19-6-802. Definitions.
39 As used in this part:
40 (1) "Authorized contractor" means a person who decontaminates, demolishes, or disposes
41 of contaminated property as required by this part and who is certified by the Utah Solid and
42 Hazardous Waste Control Board as provided for in Section 19-6-808 .
43 (2) "Board" means a local board of health as established under Section 26A-1-109 .
44 (3) "Contaminated" or "contamination" means polluted by hazardous materials so that the
45 property is unfit for human habitation or use due to immediate or long-term health hazards.
46 Property that at one time was contaminated but has been satisfactorily decontaminated according
47 to procedures established by the Utah Solid and Hazardous Waste Control Board is not
48 "contaminated."
49 (4) "Hazardous materials" has the same meaning as "hazardous or dangerous materials"
50 as that term is defined in Section 58-37d-3 . For purposes of this part, "hazardous materials" shall
51 include illegally manufactured controlled substances.
52 (5) "Health officer" means a local health officer authorized under Title 26A, Local Health
53 Authorities.
54 (6) "Property" means any property, site, structure, part of a structure, or the grounds
55 surrounding the structure which is involved in the unauthorized manufacture or storage of
56 hazardous materials. This includes but is not limited to single-family residences, units of

57 multiplexes, condominiums, apartment buildings, hotels, motels, boats, motor vehicles, trailers,
58 manufactured housing, or any shop, or booth.
59 Section 3. Section 19-6-803 is enacted to read:
60 19-6-803. Local Health Authority Regulations.
61 Notwithstanding the procedures in this chapter with regard to determinations concerning
62 notices, hearings, and inspections, any local health department with regulations adopted in
63 accordance with Title 26A, Local Health Authorities, may proceed under their own regulations
64 pertaining to determinations concerning notices h TO THE PROPERTY OWNER h , hearings, and
64a inspections h CONCERNING THE PROPERTY h .
65 Section 4. Section 19-6-804 is enacted to read:
66 19-6-804. Reporting -- Notice -- Duties of local health officer.
67 (1) Whenever a law enforcement agency has lawfully entered property and has reason to
68 believe that property has been contaminated by hazardous materials related to the manufacturing
69 or consumption of controlled substances, the agency shall report the suspected contamination to
70 the local health officer within 24 hours.
71 (2) The local health officer shall:
72 (a) cause a notice to be posted on the premises immediately upon being notified of the
73 suspected contamination;
74 (b) notify the Department of Health and the Department of Environmental Quality of his
75 actions; and
76 (c) cause the property to be inspected within 14 days after receiving notice of suspected
77 contamination.
78 (3) If a property owner believes that a tenant has contaminated property that was being
79 leased or rented, and the property is vacated or abandoned, the property owner shall contact the
80 local health officer about the suspected contamination.
81 (4) Local health officers may charge a reasonable fee to cover the costs of inspections of
82 property requested by property owners.
83 (5) After having received notice pursuant to Subsection (1), and notwithstanding Section
84 26A-1-113 , a local health officer may enter, inspect, and survey at reasonable times any properties
85 for which there is reason to believe that the property has become contaminated.
86 (6) If property is determined to be contaminated, the local health officer shall:
87 (a) continue the notice posted on the premises in accordance with Subsection (2)(a); and

88 (b) report the contaminated property to the Department of Health and Department of
89 Environmental Quality.
90 (7) If the affected property is part of a multi-unit structure, notice shall only be posted at
91 the entrance to the contaminated unit.
92 (8) The Utah Solid and Hazardous Waste Control Board shall keep a list of contaminated
93 properties and make the list available upon request to health associations, landlord and realtor
94 organizations, prosecutors, and other interested parties. The list shall be promptly updated to
95 remove those properties which have been decontaminated according to provisions of this part.
96 Section 5. Section 19-6-805 is enacted to read:
97 19-6-805. Unfit for use -- Notice -- Hearing.
98 (1) h (a) h If, after inspection of the property, the local health officer determines that it is
99 contaminated, the property shall be considered unfit for use. The local health officer shall issue
100 an order requiring that the property be vacated and prohibiting use of the property.
100a h (b) THE ORDER SHALL CONTAIN A NOTICE THAT THE OWNER OR ANY PERSON HAVING
100b AN INTEREST IN THE CONTAMINATED PROPERTY SHALL NOTIFY THE LOCAL HEALTH OFFICER
100c OF HIS INTENT TO HAVE THE PROPERTY DECONTAMINATED AS PROVIDED IN SUBSECTION
100d 19-6-806(1). THE ORDER SHALL ALSO CONTAIN A NOTICE EXPLAINING THE ACTIONS WHICH MAY
100e BE TAKEN BY THE MUNICIPALITY, OR COUNTY FOR UNINCORPORATED AREAS, AS PROVIDED IN
100f SUBSECTION 19-6-808. h
101 (2) The local health officer shall only require that affected property be vacated and
102 considered unfit for use. If the contaminated property is a unit in a multi-unit structure, only the
103 contaminated unit may be ordered vacated.
104 (3) The order shall be served either personally or by certified mail, with return receipt
105 requested, upon all occupants and persons having an immediate interest in the property. In
106 addition, the order shall be posted in a conspicuous place on the property.
107 (4) If the whereabouts of the persons is unknown and cannot be ascertained by the local
108 health officer in the exercise of reasonable diligence, and the health officer makes an affidavit to
109 that effect, then the serving of the order upon those persons may be made either by personal service
110 or by mailing a copy of the order by certified mail, postage prepaid, return receipt requested, to
111 each person at the address appearing on the last equalized tax assessment roll of the county where
112 the property is located or at the address known to the county assessor. The order shall be posted
113 conspicuously at the residence.
114 (5) The order shall contain a notice that a hearing h ON THE HEALTH OFFICER'S FINDINGS h 114a before the local health board shall be

115 held upon the request of a person required to be notified of the order under this section. h THE
115a ORDER SHALL ALSO CONTAIN A NOTICE THAT THE PERSON IS ENTITLED TO A SUBSEQUENT
115b HEARING BEFORE THE LOCAL HEALTH BOARD AND JUDICIAL REVIEW OF A FINAL
115c DETERMINATION OF THE LOCAL HEALTH BOARD AS PROVIDED IN SUBSECTION 26A-1-121(2). h
116 (6) The request for a hearing must be made within ten days of serving the order. h IF NO
116a REQUEST IS MADE, THE HEARING IS WAIVED. h The
117 hearing shall then be held not less than ten days nor more than 20 days after the request for a
118 hearing is made. The officer shall prohibit use as long as the property is considered to be

119 contaminated.
120 (7) In any hearing concerning whether property is fit for use, the local health officer has
121 the burden of showing that the property is contaminated or unfit for use.
122 (8) The owner or any person having an interest in the property may file an appeal on any
123 order issued by the local health officer within 30 days from the date of service of the order. All
124 proceedings before the board, including any subsequent appeals to the district court, shall be
125 governed by procedures established in accordance with Title 63, Chapter 46b, Administrative
126 Procedures Act.
127 Section 6. Section 19-6-806 is enacted to read:
128 19-6-806. Notice to local health officer -- Decontamination by owner -- Requirements.
129 (1) An owner or any person having an interest in the contaminated property shall notify
130 the local health officer of his intent to have the property decontaminated. Notification shall be
131 made in writing within 30 days of receipt of the order issued pursuant to Subsection 19-6-805 (1),
132 unless the order is appealed. In the event the order is appealed, the 30-day notification period shall
133 run from the date of the final order.
134 (2) The services of a certified contractor shall be used to decontaminate the property.
135 (3) The contractor shall prepare and submit a written work plan for decontamination to the
136 health officer for review and approval.
137 (4) The health officer may charge a reasonable fee to cover the costs of review and
138 approval of the work plan.
139 (5) The health officer shall allow reuse of the property if the work plan is approved, the
140 decontamination is completed, and the property is reinspected according to the plan and properly
141 documented.
142 (6) A notice shall be recorded in the real property records if applicable, indicating the
143 property has been decontaminated in accordance with requirements of this part.
144 (7) The local health officer shall notify the Utah Solid and Hazardous Waste Control
145 Board when a property has been decontaminated.
146 Section 7. Section 19-6-807 is enacted to read:
147 19-6-807. Action by property owner.
148 (1) Notwithstanding the provisions of Sections 19-6-805 and 19-6-806 , a property owner
149 may take steps to arrange for the immediate decontamination of the property.

150 (2) If a property owner indicates his intention to arrange for the immediate initial
151 inspection and decontamination of the property by a certified contractor, the local health officer
152 shall secure that intention in writing.
153 (3) A statement signed by the property owner shall state that the owner:
154 (a) is aware of the possible contamination of his property by the manufacture or use of
155 controlled substances;
156 (b) will cause the property to be initially inspected by a certified inspector;
157 (c) will arrange for any decontamination considered necessary; and
158 (d) will notify the local health officer upon completion of the decontamination and allow
159 inspection of the premises in accordance with Section 19-6-806 .
160 (4) The local health officer shall make the final determination that the property has been
161 decontaminated.
162 (5) If a property owner indicates his intent to have the property inspected and
163 decontaminated under this section, the property shall be inspected and any decontamination work
164 commenced within ten days. If work has not been started, the local health officer may inspect the
165 premises under the provisions of Section 19-6-804 and proceed according to Section 19-6-805 .
166 Section 8. Section 19-6-808 is enacted to read:
167 19-6-808. Municipality or county options.
168 (1) If the local health officer does not receive the notice required by Subsection
169 h [ 19-6-805 ] 19-6-806 h (1) or the owner notifies him that he intends to abandon the property, the
169a local health
170 officer shall notify the municipality, or county for unincorporated areas, in which the contaminated
171 property is located within 24 hours.
172 (2) The municipality or county may take action to h [ condemn, decontaminate, or demolish
173 the property. ] :
173a (a) CONDEMN THE PROPERTY IN ACCORDANCE WITH THE LAW;
173b (b) DECONTAMINATE THE PROPERTY UNDER THE PROVISIONS OF THIS CHAPTER; OR
173c (c) DEMOLISH THE PROPERTY UNDER EXISTING COUNTY OR MUNICIPAL ORDINANCE. h
174 (3) The municipality or county shall notify all persons whose interest in the property is
175 recorded in the records of the recorder's office of the county in which the property is located of its
176 intent to take action with regard to the property. Notification shall be sent within seven days by
177 certified mail, with return receipt requested.
178 (4) The municipality or county shall use h [ an authorized ] A CERTIFIED h contractor if
178a property is
179 decontaminated, demolished, or removed under this section.
180 (5) A municipality or county may not condemn, decontaminate, or demolish property

181 pursuant to this section until all procedures granting the right of notice and the opportunity to
182 appeal have been exhausted.
183 Section 9. Section 19-6-809 is enacted to read:
184 19-6-809. Certification of contractors and inspectors -- Denial, suspension, or
185 revocation of certificate -- Duties of Department of Health and Utah Solid and Hazardous
186 Waste Control Board.
187 (1) After July 1, 2001, an inspector or a contractor may not perform inspections,
188 decontamination, demolition, or disposal work at a property determined to be contaminated under
189 this part unless issued a certificate by the Utah Solid and Hazardous Waste Control Board.
190 (2) The Utah Solid and Hazardous Waste Control Board in consultation with the
191 Department of Health shall establish performance and certification standards for inspectors and
192 contractors by rule in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
193 Act.
194 (3) The Utah Solid and Hazardous Waste Control Board in consultation with the
195 Department of Health shall train and test, or may approve courses to train and test, inspectors and
196 contractors and their employees on the essential elements in assessing and inspecting property used
197 as an illegal drug manufacturing or storage site to determine:
198 (a) hazard reduction measures needed;
199 (b) techniques for adequately reducing contaminants;
200 (c) use of personal protective equipment;
201 (d) methods for proper demolition, removal, and disposal of contaminated property,
202 including preparation of work plans for decontamination; and
203 (e) relevant federal and state regulations.
204 (4) Upon successful completion of the training and testing, the inspector, contractor, or
205 their employees shall be certified.
206 (5) The Utah Solid and Hazardous Waste Control Board in consultation with the
207 Department of Health may require the successful completion of annual refresher courses provided
208 or approved by the Utah Solid and Hazardous Waste Control Board for the continued certification
209 of the inspector, contractor, or employee.
210 (6) (a) The Utah Solid and Hazardous Waste Control Board shall provide for reciprocal
211 certification of any individual trained to engage in decontamination, demolition, or disposal work

212 in another state when the prior training is shown to be substantially similar to the training required
213 by the Utah Solid and Hazardous Waste Control Board.
214 (b) The Utah Solid and Hazardous Waste Control Board may require individuals to take
215 an examination or refresher course before certification.
216 (7) The Utah Solid and Hazardous Waste Control Board may deny, suspend, or revoke a
217 certificate for failure to comply with the requirements of this part or any rule adopted pursuant to
218 this part. A certificate may be denied, suspended, or revoked on any of the following grounds:
219 (a) failure to perform decontamination, demolition, or disposal work under the supervision
220 of trained personnel;
221 (b) failure to file a work plan;
222 (c) failure to perform work pursuant to the approved work plan;
223 (d) failure to perform work that meets the requirements of the Utah Solid and Hazardous
224 Waste Control Board;
225 (e) failure to properly dispose of contaminated materials; or
226 (f) the certificate was obtained by error, misrepresentation, or fraud.
227 (8) Any contractor who violates any provision of this part, or any rule, order, certificate
228 or other requirement issued or adopted under this part, is subject in a civil proceeding to the
229 penalties found in Subsection 19-6-113 (2).
230 (a) Except as provided in this Subsection (b), all penalties assessed and collected under
231 authority of this section shall be deposited in the Illegal Drug Manufacturing and Storage Site
232 Decontamination Loan Fund.
233 (b) The Department of Environmental Quality may reimburse itself and local governments
234 from monies collected from civil penalties for qualifying expenses incurred in administering the
235 contractor certification program.
236 (c) This provision does not limit h THE h authority of the State of Utah or h ANY OF h its h
236a [ municipalities ] POLITICAL SUBDIVISIONS h to
237 prosecute any person for criminal violations of the laws of the State of Utah.
238 (9) The Utah Solid and Hazardous Waste Control Board shall set fees in accordance with
239 Section 63-38-3.2 for the issuance and renewal of certificates, the administration of examinations,
240 and for the review of training courses.
241 (10) Fees collected under Subsection (9) shall be deposited in the General Fund as
242 dedicated credits to be used by the Department of Environmental Quality in the administration of

243 Section 19-6-810 .
244 Section 10. Section 19-6-810 is enacted to read:
245 19-6-810. Illegal Drug Manufacturing and Storage Site Decontamination Loan Fund.
246 (1) There is created a revolving loan fund known as the State Illegal Drug Manufacturing
247 and Storage Site Decontamination Loan Fund.
248 (2) The fund shall consist of:
249 (a) penalties collected under the provisions of Section 19-6-809 ;
250 (b) direct appropriations by the Legislature; and
251 (c) repayments and interest or penalties on loans from the account to property owners to
252 help with environmental decontamination under the provisions of this part.
253 (3) The fund shall be used to make loans to property owners to decontaminate property as
254 required in this part.
255 (4) The Utah Solid and Hazardous Waste Control Board shall administer the fund.
256 (5) The Utah Solid and Hazardous Waste Control Board shall make rules for authorizing
257 loans from the fund.
258 (6) Loans may only be made to the property owner for the cost of inspection and clean up
259 of contaminated residential property required in Section 19-6-806 .
260 (7) Loans may not be made to the owner of the property if the owner knew of or
261 participated in the activity that resulted in the contamination of the property.
262 (8) Interest on loans shall be at the rate determined by the Utah Solid and Hazardous Waste
263 Control Board and shall be set at rates necessary to cover administrative costs and protect the fund
264 from depletion. Interest rates may be set below commercial lending rates.
265 (9) The Division of Finance shall account for and track all outstanding loans under this
266 section as required in Section 63-65-4 .
267 (10) Administrative costs for the loan processing and accounting may be paid from the
268 fund, which may include provisions for sureties for the loans.
269 Section 11. Section 19-6-811 is enacted to read:
270 19-6-811. Rules and standards -- Authority to develop.
271 (1) The Utah Solid and Hazardous Waste Control Board in consultation with the
272 Department of Health and local health officers shall promulgate rules and standards for carrying
273 out the provisions of Sections 19-6-809 and 19-6-810 in accordance with Title 63, Chapter 46a,

274 Utah Administrative Rulemaking Act. All rules developed under this part shall be submitted to
275 local health officers for review and comment.
276 (2) The Departments of Health and Environmental Quality shall provide technical
277 assistance to local health boards and officers to carry out their duties under this part.
278 (3) The Utah Solid and Hazardous Waste Control Board shall develop:
279 (a) guidelines for decontamination of property used as a drug manufacturing or storage
280 site; and
281 (b) methods for the testing of ground water, surface water, soil, and septic tanks for
282 contamination.
283 (4) All rules developed under this part shall be consistent with other state and federal
284 environmental requirements.
285 Section 12. Section 26A-1-114 is amended to read:
286 26A-1-114. Powers and duties of departments.
287 (1) A local health department may:
288 (a) enforce state laws, local ordinances, department rules, and local health department
289 standards and regulations relating to public health and sanitation, including the plumbing code
290 adopted by the Division of Occupational and Professional Licensing under Section 58-56-4 and
291 under Title 26, Chapter 15a, Food Safety Manager Certification Act;
292 (b) establish, maintain, and enforce isolation and quarantine, and exercise physical control
293 over property and over individuals as the local health department finds necessary for the protection
294 of the public health;
295 (c) establish and maintain medical, environmental, occupational, and other laboratory
296 services considered necessary or proper for the protection of the public health;
297 (d) establish and operate reasonable health programs or measures not in conflict with state
298 law that:
299 (i) are necessary or desirable for the promotion or protection of the public health and the
300 control of disease; or
301 (ii) may be necessary to ameliorate the major risk factors associated with the major causes
302 of injury, sickness, death, and disability in the state;
303 (e) close theaters, schools, and other public places and prohibit gatherings of people when
304 necessary to protect the public health;

305 (f) abate nuisances or eliminate sources of filth [and], infectious and communicable
306 diseases affecting the public health, inspect and order the cleanup of contaminated property under
307 the provisions of Title 19, Chapter 6, Part 8, Illegal Drug Manufacturing and Storage Site
308 Decontamination Act, and bill the owner or other person in charge of the premises upon which this
309 nuisance occurs for the cost of abatement;
310 (g) make necessary sanitary and health investigations and inspections on its own initiative
311 or in cooperation with the Department of Health or Environmental Quality, or both, as to any
312 matters affecting the public health;
313 (h) (i) establish and collect appropriate fees;
314 (ii) accept, use, and administer all federal, state, or private donations or grants of funds,
315 property, services, or materials for public health purposes; and
316 (iii) make agreements not in conflict with state law that are conditional to receiving a
317 donation or grant;
318 (i) prepare, publish, and disseminate information necessary to inform and advise the public
319 concerning:
320 (i) the health and wellness of the population, specific hazards, and risk factors that may
321 adversely affect the health and wellness of the population; and
322 (ii) specific activities individuals and institutions can engage in to promote and protect the
323 health and wellness of the population;
324 (j) investigate the causes of morbidity and mortality;
325 (k) issue notices and orders necessary to carry out this part;
326 (l) conduct studies to identify injury problems, establish injury control systems, develop
327 standards for the correction and prevention of future occurrences, and provide public information
328 and instruction to special high risk groups;
329 (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules within
330 the jurisdiction of the boards; and
331 (n) cooperate with the state health department, the Department of Corrections, the
332 Administrative Office of the Courts, the Division of Youth Corrections, and the Crime Victims
333 Reparations Board to conduct testing for HIV infection of convicted sexual offenders and any
334 victims of a sexual offense.
335 (2) The local health department shall:

336 (a) establish programs or measures to promote and protect the health and general wellness
337 of the people within the boundaries of the local health department;
338 (b) investigate infectious and other diseases of public health importance and implement
339 measures to control the causes of epidemic and communicable diseases and other conditions
340 significantly affecting the public health which may include involuntary testing of convicted sexual
341 offenders for the HIV infection pursuant to Section 76-5-502 and voluntary testing of victims of
342 sexual offenses for HIV infection pursuant to Section 76-5-503 ;
343 (c) cooperate with the department in matters pertaining to the public health and in the
344 administration of state health laws; and
345 (d) coordinate implementation of environmental programs to maximize efficient use of
346 resources by developing with the Department of Environmental Quality a Comprehensive
347 Environmental Service Delivery Plan that:
348 (i) recognizes that the Department of Environmental Quality and local health departments
349 are the foundation for providing environmental health programs in the state;
350 (ii) delineates the responsibilities of the department and each local health department for
351 the efficient delivery of environmental programs using federal, state, and local authorities,
352 responsibilities, and resources;
353 (iii) provides for the delegation of authority and pass through of funding to local health
354 departments for environmental programs, to the extent allowed by applicable law, identified in the
355 plan, and requested by the local health department; and
356 (iv) is reviewed and updated annually.
357 (3) The local health department has the following duties regarding public and private
358 schools within its boundaries:
359 (a) enforce all ordinances, standards, and regulations pertaining to the public health of
360 persons attending public and private schools;
361 (b) exclude from school attendance any person, including teachers, who is suffering from
362 any communicable or infectious disease, whether acute or chronic, if the person is likely to convey
363 the disease to those in attendance;
364 (c) (i) make regular inspections of the health-related condition of all school buildings and
365 premises;
366 (ii) report the inspections on forms furnished by the department to those responsible for

367 the condition and provide instructions for correction of any conditions that impair or endanger the
368 health or life of those attending the schools; and
369 (iii) provide a copy of the report to the department at the time the report is made.
370 (4) If those responsible for the health-related condition of the school buildings and
371 premises do not carry out any instructions for corrections provided in a report in Subsection (3)(c),
372 the local health board shall cause the conditions to be corrected at the expense of the persons
373 responsible.
374 (5) The local health department may exercise incidental authority as necessary to carry out
375 the provisions and purposes of this part.