Toxic Chemical Remediation Ordinance Proposal
Gary Hobbie, Director TELEPHONE (785) 309-5715
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Community & Development Services FAX (785) 309-5713
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City-County Building TDD (785) 309-5747
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300 West Ash P.O. Box 736 E-MAIL gary.hobbie@salina.org
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Salina, Kansas 67402-0736 WEBSITE www.salina-ks.gov
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MEMORANDUM
TO: Mayor & City Commissioners,
City Manager & Deputy City Manager
FROM: Gary Hobbie Director of Community & Development Services
DATE: October 21, 2010
th
SUBJECT: Summary of Study Session Materials for October 25 Study Session
Development Services staff in conjunction with the City Attorneys Office, Salina Police
Department, I-70 Drug Task Force, Salina Fire Department, City Managers Office, would like
to present research completed and a draft of a new city ordinance on Toxic Chemical
Remediation.
A power point presentation will be reviewed by city staff, including those mentioned above, as
we consider setting into place an ordinance protecting the life, heath and safety of citizens in
Salina who maybe or who are in contact with structures where toxic chemical are
manufactured, stored, consumed and disposed. Included in the ordinance is research from
Kansas Department of Health and Environment, Environmental Protection Agency, I-70 Drug
Task Force, and communities in the USA who have developed such a program.
Recent occurrences have caused city staff to review polices and procedures for toxic
chemical discovered in buildings inside the city limits of Salina. The desire is to set in place
codified language which assists in the remediation process once a lab has been discovered.
"Our Mission is to Encourage and Promote Safe, Quality Development
and Construction in the City of Salina."
City of Salina, Kansas
Toxic Chemical Remediation
Ordinance No. 10-XXXXX
Sec. X-1. Definitions.
For the purposes of this article:
Drug activity means any processing of methamphetamine, methamphetamine components, other
Comment [l1]:
Include smoking or
consumption? YES! GH
toxic substances, or hazardous waste.
Comment [l2]:
Include other illegal
drugs?
Drug site means the property and personal effects in and adjacent to the location of drug activity.
Comment [l3]:
Chief Mulligan
suggested invoking the hazardous waste
Personal effect means any personal property, including furniture, cookware, dishes, clothing, fabric
laws of KSA and the International Fire
items, blankets, and linens, used in a dwelling.
Code.
Porous materials means and are not limited to carpet, draperies, bedding, mattresses, pillows, cork
board, ceiling panels, and cardboard. Paper?
Property means any real or personal property, including land, buildings, manufactured homes and
mobile homes, designed for human occupancy.
Property Owner means the person holding title to real property, manufactured or mobile homes, or
the person(s) who lawfully own(s) such property.
Qualified contractor means a company experienced in hazardous waste removal and remediation.
At a minimum, the contractor must be certified as having completed 40 hours of Hazardous Waste
Operation and Emergency Response training pursuant to 29 C.F.R. 1910.120. (Or as designated by
Kansas Department of Heath & Environment)
Sec. X-2. Purpose.
The purpose of this article is to protect current and future residents of a drug site from toxic substances
by requiring the property owner to remediate toxic chemical contamination from the property and
adjacent affected properties, by ensuring proper steps have been taken to remove all contaminates
Comment [l4]:
Is the drug site owner
responsible for remediating adjacent
through appropriate testing processes, to ensure the satisfactory cleaning of the property for human
affected properties that she does not
contact. Hazardous chemicals used in and released by the creation of methamphetamine and other toxic
own? I WOULD THINK YES IF
substances condense on and penetrate the property, personal effects, surfaces, and equipment in and
CONTAMINATES WERE THROWN OR
BECAME AIRBORNE AND LANDED ON
surrounding a drug site. Toxic residues place people, particularly children and women of child-bearing
THE NEIGHBORS PROPERTY. GH
age, at risk for significant health problems.
Commercial or industrial firms properly zoned for the legal processing of methamphetamine component
substances and otherwise in compliance with federal, state, and local laws, rules, and regulations are
exempt. Does this belong in purpose? Isn’t it m ore of an applicability item?
Sec. X-3. Drug Site Designation.
The Building Official will designate a property a drug site (this use of the term doesn’t seem to match
Comment [l5]:
Who is responsible?
with the definition of drug site, above) when the Salina Police Department I-70 Drug Task Force, Kansas
Highway Patrol personnel, or persons associated with Kansas Department of Health & Environment
Comment [l6]:
What if a neighbor
reports? WE WILL TURN OVER THE
determine(s) or the property owner reports that the property hosted drug activity. Do we need to
INVESTIGATION TO I-70 TASK FORCE.GH
reference any criteria and/or our ability to conduct tests and be reimbursed for costs in conducting the
tests regardless of the outcome? In the alternative, should we state that certain activities (cooking, etc.)
constitute substantial evidence to presume a property a drug site? Could that be accomplished in the
definition of drug site?
(a) A drug site designation must be noted on the property’s deed or certificate of title in perpetuity.
Comment [l7]:
Who is responsible for
recording the drug site designation? THE
(b) The drug site shall be declared a public nuisance, and the property owner shall not permit the
CITY CAN AND ASSESS COSTS TO THE
property to be occupied or personal effects or porous materials to be removed until a qualified
PROPTERTY. GH
contractor certifies that the toxic chemical contamination on the property is remediated.
(c) The property owner and any current? tenant occupying space within the property, shall sign a
statement acknowledging the health risks associated with contamination from drug activity and
promising not to permit occupancy until contamination is remediated. What if they refuse or
we can’t find them?
Once satisfactory remediation has occurred, shouldn’t that
fact also be recorded (or recordable) with the deed?—JJI Yes
Sec. X-4. Public Notice of Contamination.
(a) Upon designating a property a drug site, the Building Official shall post a public notice on the
property, that toxic chemicals have been used in the house, which contains the following:
(1) Warning in capital letters and bold-faced type: “WARNING: DO NOT ENTER ‘PUBLIC HEALTH
NOTICE’.”
(2) Statement of danger: “Toxic substances or hazardous waste may be present on the
property.”
(3) Prohibition of trespass: “Any person who enters without the permission of the Building
Official is trespassing.”
Comment [l8]:
Can the property
owner enter? NOT WITHOUT SIGNING
(4) The address of each potentially contaminated property or unit.
LOU FOR CONTAMINATES THAT MAY BE
(5)This public notice shall be removed only by the Building Official upon completion of
IN THE PROPERTY.GH
remediation, as required by this article. It shall be unlawful for anyone else to remove this
public notice.
(c) The Building Official shall notify the Salina Police Department, residents of adjacent properties,
and the Kansas Department of Health and Environment of the contamination.
Comment [l9]:
Other public health
entities? Child protection services?
(d) The property owner or occupant must indicate within 10 days of the public notice whether
he/she will remove contaminated personal effects and how he/she will remediate them.
Comment [l10]:
Some sample
ordinances allow the occupant to
Sorting out the details between the property owner and the tenant(s) can turn in to a very big
remove personal effects. WE REQURIED
deal. Can we make the property owner our single point of contact who is responsible for
WRITTEN UNDERSTANING OF
coordinating with tenants? This would make the process easier for us, but past experiences
CONTAMINATES THAT WERE FOUND IN
THE UNIT/HOUSE. GH
shows that one owner does not take this seriously, and allows people to rent units without
clearance confirmation.
(e) Occupation Prohibited: upon issuance of the public health notice, do not enter signage, all
occupant fo the building shall immediately vacate the premise, allowing only those to enter who
will be outfitted with proper health and safety training and wearing appropriate protective
equipment/suits.
Sec. X-5. Assessment and Remediation Standards.
(a) All assessment and remediation must be conducted by a qualified contractor pursuant to the
standards of the Kansas Department of Health and Environment and the Environmental
Protection Agency and the hazardous waste procedures of the fire code.
Comment [l11]:
Do you want these
authorities? In other authorities?
(c) The maximum acceptable levels of contamination follow.
(1) Volatile organic compounds: 1.5 parts per million.
(2) pH: Surface level of 7.
(3) Mercury: 0.3 micrograms per cubic meter of mercury in the air.
(4) Lead: 20 micrograms per square foot.
Comment [l12]:
From Sand Springs
ordinance. (Not set by KDHE
(5) Methamphetamine: 1.5 micrograms per 100 square centimeters. Can we get away with
methamphetamine guidance.) NEED
referencing the current standards established by KDHE and/or EPA whichever are lower in
GUIDANCE FROM LT NORTON.GH
order to avoid our ordinance becoming outdated?
(d) The property owner is solely responsible for the cost s associated with remediation of a drug
site. If the property owner cannot be located or does not respond within 10 days, the City may
Comment [l13]:
The Fire Code
provides that hazardous materials will be
commence remediation and recover all costs plus a 25% administrative surcharge through a
remedied by the Fire Chief at the
special assessment against the property. Do we need to mirror or cross-reference the nuisance
responsible party’s expense. IT WAS
abatement process regarding appeal hearings, serving of notice, etc.?
SUGGESTED TO US THAT A CERTIFIED
COMPANY REMOVE. GH
(e) A property owner may request an extension for up to 90 days for good cause as determined by
the City Manager.
Comment [l14]:
#?
Comment [l15]:
Define good cause.
Sec. X-6. Assessment.
(a) After a property is designated a drug site, the property owner must retain a qualified contractor
to assess the drug site and adjacent properties and write a report detailing the level of
Comment [l16]:
Is the drug site
owner responsible for remediating
contamination. The report shall be delivered to the Building Official without delay.
adjacent affected properties that she
(b) If the level of contamination does not exceed that permitted by this article, the property owner
does not own?
shall deliver a certified copy of the report to the Building Official. The Building Official shall then
Comment [l17]:
What specifically
remove the public notice and provide written authorization to the owner that occupancy may
must be tested? SURFACES INCLUIDING
resume. Record the fact that the contamination was remediated?
WALLS, FLORS COUNTER, FURNITURE
AND CEILINGS; VENTILATION SYSTEMS
(c) If the level of contamination exceeds that permitted by this article, the property owner shall
HEATING AND AIR CONDITIONING
either remediate the toxic contamination within 90 days or demolish the property within 180
DUCTS, VENTS, FILTERS AND WALL NEAR
VENTS; PLUMBING DRAINS, TRAPS, SINKS
days.
MUST BE FLUSHED WELL; REPAINTING
OF SURFACES IS RECOMENTED. GH
Sec. X-7. Remediation.
If the property owner chooses to remediate the drug site, the contractor must clean the drug site and
retest (COMPLETED BY A CERTIFIED AGENCY) it until contamination falls below the maximum acceptable
levels. When the level of contamination no longer exceeds that permitted by this article, th e contractor
shall prepare a final report and deliver it to the Building Official.
Sec. X-8. Final Report.
(a) All assessments conducted by a contractor during the remediation process shall be documented
in writing and with photographs, video recordings, drawings, and/or charts.
(b) The final report shall include:
(1) A case narrative, site description, and site assessment.
(2) The physical address of the property, the number and type of structures on the property,
and a description of adjacent and/or surrounding properties.
(3) Law enforcement reports, documented observations, and pre-remediation sampling results
that provide information regarding the processing method, chemicals present, processing
areas, chemical storage areas, and observed areas of contamination or waste disposal.
(4) Name, qualifications, and experience of contractor.
(5) The signature of the contractor who prepared the report.
(6) A copy of the contractor’s 29 C.F.R. 1910.120 certification.
(7) Worker safety and health information.
(8) For each test or remediation activity, the date of performance, a description of the
procedure, and the signatures of the workers involved.
(9) Decontamination and encapsulation procedures for each area that was decontaminated.
(10) Documentation that the structure was cleaned to acceptable levels, including, but not
limited to, the location and results of post-decontamination samples, descriptions of
analytical methods used, and the locations of laboratories used.
(c) The owner shall provide a certified copy of the final report to the Building Official upon receipt
from the contractor.
Sec. X-9. Condemnation.
(a) If the property owner does not remediate the drug site or request an extension for good cause
within 90 days, and if remediation would cost at least [x]% of the assessed taxable value of the
Comment [l18]:
#?
structure, the City may (May seems to leave it open ended. Should this be shall?)condemn the
Comment [l19]:
Remediation
building pursuant to the Uniform Code for Abatement of Dangerous Buildings.
threshold as %? 51%. GH
(b) APPEALS GO TO THE BUILDING ADVISORY BOARD AND/OR CITY COMMISSION?GH I would
suggest City Manager then City Commission.
Sec. X-10. Penalty.
(a) Any violation of the provisions of this article shall be deemed a misdemeanor.
(b) Each day a violation of this article occurs shall constitute a separate offense.
(c) The provisions of this Chapter shall not preclude the City of Salina or any other aggrieved party
from pursuing any civil remedies to recover any and all costs associated with administration or
Comment [l20]:
Can we grant the
City explicit immunity from health-based
enforcement of this article.
civil actions? What about the owner after
remediation?