8.8 Toxic Chemical Remediation
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
12/13/2010
TIME
4:00 P.M.
AGENDA SECTION
NO:
8
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 1
8
BY: Gary Hobbie
BY:
ITEM: Ordinance No. 10-10585
An ordinance amending Chapter 8 of the Salina Code by adding Article VII pertaining to toxic chemical
remediation.
BACKGROUND:
The State of Kansas no longer has funds available to manage the clean-up of drug sites and has
deferred to cities on the process of enforcement of remediation of contamination. Staff contacted and
received similar ordinances from other communities in nearby states as a basis of comparison. We
believe we are the only city in Kansas who has authored such an ordinance for remediation of
properties with toxic chem ical exposure and we anticipate that minor revisions may be necessary as
experience is gained and new chemicals are manufactured in the future.
At the October 25th, 2010 study session, a draft ordinance to assist the City in remediating such
properties was reviewed. Input provided by the City Commission, has been incorporated and now
being presented for your consideration and adoption. This ordinance sets in place the purpose,
designation of the structure, notice process, assessment and remediation standards, preliminary
assessment reporting criteria, remediation process, final report requirements from qualified
contractors, remediation process, and violation penalties to be used by city staff if the property is left
untouched by the owner.
All of the revisions have been considered after the study session input from the city commission
include: the purpose has been revised; the remediation standard level of contaminants has been
confirmed that they meet KDHE standards; the inventory for the preliminary assessment has been
clarified; the required contents of the final report has been modified and clarified and the post
remediation actions have been revised.
Specific follow-up questions that were identified during the City Commission Study Session
discussion are addressed below:
Does an owner have the ability to pursue criminal charges for destruction of property?
The property owner would have the option of pursuing a civil claim in District Court without the need
for an additional authorization to do so or provision being included in the proposed ordinance.
Do contaminants dissipate over time?
Staff has been unable to find any information or source that confirms a rate at which this form of
contamination dissipates over time.
FISCAL NOTE:
There will be fiscal impacts in the Development Services Department budget in the event that property
owners do not remediate the contaminates as required by the ordinance and it becomes necessary to
proceed with abatement as a dangerous structures. The dangerous structure process provides that
the cost of the abatement is assessed against the property and becomes a tax lien against the
property if it remains unpaid.
COMFORMANCE WITH STRATEGIC PLAN:
Goal 3: The City will provide the highest quality of services, consistent with governing body direction,
available resources and staff commitment to quality.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
12/13/2010
TIME
4:00 P.M.
AGENDA SECTION
NO:
8
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 2
8
BY: Gary Hobbie
BY:
RECOMMENDATION:
Staff has identified the following alternatives for the City Commissions;
1. Approve Ordinance No.1 0-1 0585 amending Chapter 8 of the Salina Code by adding Article VII
pertaining to Toxic Chemical Remediation as proposed.
2. Refer this item back to the Development Services Department for additional study.
3. Decline to approve Ordinance No.1 0-1 0585 at this time.
STAFF RECOMMENDATION:
It is recommended that the City Commission approve Ordinance No.1 0-1 0585.
ORDINANCE NO. 10-10585
AN ORDINANCE REQUIRING REMEDIATION OF CONTAMINATED PROPERTY
AFTER THE DISCOVERY OF METHAMPHETAMINE OR OTHER NOXIOUS,
HAZARDOUS OR TOXIC SUBSTANCES WITHIN THE CITY OF SALINA, KANSAS;
ESTABLISHING CHAPTER 8, ARTICLE VII OF THE SALINA CODE.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
SALINA, KANSAS:
Section 1.
read as follows:
That Chapter 8, Article VII of the Salina Code is hereby established to
ARTICLE VII. TOXIC CHEMICAL REMEDIATION
Sec. 8-250. Definitions.
For the purposes of this article:
Drug activity means any processing of methamphetamine, methamphetamine components,
other toxic substances, or the hazardous waste there from or the presence of
methamphetamine, methamphetamine components, manufacturing paraphernalia, other toxic
substances or hazardous waste that indicate either that illegal drugs have been processed or
manufactured or the intent to process or manufacture illegal drugs.
Drug site means the property and personal effects in and adjacent to the location of drug
activity.
Personal effect means any personal property, including but not limited to, furniture,
cookware, dishes, clothing, fabric items, blankets, and linens, used in a dwelling.
Porous materials include but are not limited to, carpet, draperies, bedding, mattresses,
pillows, cork board, ceiling panels, and cardboard.
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 Health & Environment)
Sec. 8-251. Purpose.
The purpose of this ordinance is to protect occupants of real property, as well as occupants of
adjoining properties and the public at large, from hazardous and contaminated living
environments by requiring owners of real property to remediate contamination of property
caused by methamphetamine activity, or activities involving other noxious, hazardous and toxic
substances, prior to resumed occupancy pursuant to the standards and conditions described in
this chapter.
Sec. 8-252. Drug Site Designation.
The building official will designate a property as a drug site when the Salina Police Department,
the 1-70 Drug Task Force, Kansas Highway Patrol, Salina Fire Department or the Kansas
Department of Health & Environment determine that the property hosted drug activity:
(a) The building official shall prepare and file with the register of deeds an affidavit noting
the property was designated a drug site.
(b) The drug site shall be declared a dangerous building, and the property owner shall not
permit the property to be occupied or personal effects or porous materials to be removed,
except in accordance with section 8-253, until a qualified contractor certifies that the
contamination on the property is remediated.
(c) Upon discovery by the owner that an owner's property is, or has been, the location for
any type of drug activity, an owner shall immediately report such activity to the Salina
Police Department.
Sec. 8-253. 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 substances have been used in the property, 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."
(4) The address of each potentially contaminated property or unit.
(5) This public notice shall be removed only by the building official upon completion of
remediation, as required by this article. It shall be unlawful for anyone else to remove
this public notice.
(b) The building official shall notify the Salina Police Department, residents of adj acent
properties, and the Kansas Department of Health and Environment of the contamination.
(c) The building official shall notify the property owner and any tenants that the property has
been designated a drug site and shall order the property owner to assess the level of
contamination and remediate the building no later than 60 days from issuance of the
notice. Notice shall be provided pursuant Uniform Code For The Abatement of
Dangerous Buildings.
(d) Limited entry will only be permitted for the purpose of removing personal property to the
tenant and/or owner who acknowledge, in writing, the potential dangers associated with
the contamination and agree to remediate the property removed.
(e) Upon posting of the public health notice, all occupant(s) of the building shall
immediately vacate the premise. Occupation of the building is not permitted until
assessment and remediation is complete pursuant to this chapter.
Sec. 8-254. 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
international fire code adopted by the City of Salina. At a minimum, such contractor
shall have completed forty (40) hours of Hazardous Waste Operation and Emergency
Response training pursuant to 29 C.F.R. 1910.120, or subsequent regulations thereof, and
shall have received certification pursuant to this training.
(b) The maximum acceptable levels of contamination follow:
(1) Volatile organic compounds: 1.5 parts per million.
(2) pH: Surface level of7.
(3) Mercury: 0.3 micrograms per cubic meter of mercury in the air.
(4)Methamphetamine: 1.5 micrograms per 100 square centimeters.
( c) The property owner is solely responsible for the costs associated with remediation of a
drug site.
(d) A property owner may request an extension for up to 30 days if the property owner
exercised due diligence to assess and remediate the building. The request for an
extension must be submitted in writing to the city clerk no later than 60 days from
issuance of the notice provided in section 8-253.
Sec. 8-255. Preliminary 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 the qualified contractor will
write a report detailing the level of contamination and the areas contaminated. The
owner shall obtain a copy of the contractor's 29 C.F.R. 1910.120 certification and receive
written confirmation from the building official that the contractor is in good standing
with the City of Salina before allowing the contractor to begin assessment. The report
shall be delivered to the building official without delay.
(b) The preliminary assessment should include:
a. Property description including physical address, legal description, number and
type of structures present;
b. Review of available law enforcement reports or summaries that provide
information regarding the manufacturing method, chemicals present, cooking
areas, chemical storage areas, and observed areas of contamination or waste
disposal;
c. Identification of structural features that may indicate separate functional spaces,
such as attics, false ceiling and crawl spaces, basements, closets and cabinets;
d. Identification ofHV AC mechanical systems, vents and plumbing, including
separate HV AC systems and venting, if any;
e. Identification of manufacturing methods based on the observations and law
enforcement reports, if the reports are available;
f. Identification of chemicals used, based on observations, law enforcement reports
if available, and knowledge of manufacturing methodes);
g. Identification and documentation of areas of contamination. This identification
may be based on visual observation, law enforcement reports or summaries,
proximity to chemical storage areas, waste disposal areas, or cooking areas;
h. Identification and documentation of signs of contamination such as staining,
etching, fire damage, or outdoor areas of dead vegetation;
1. Identification and documentation of common ventilation systems with adjacent
units or common areas;
J. Identification of adjacent units and common areas where contamination may have
spread or been tracked.
( c) Documentation of the preliminary assessment should include all information about
sampling locations, sample combinations used in each composite, sampling methods
utilized (wiping material, solvent used, size of areas wiped in cm2, name and address of
laboratory that conducted the analysis and original laboratory reports. If multiple samples
are to be taken at the site, prepare a rough sketch of the area sampled. The
documentation should be documented in an outline which includes the following:
a. Property description
b. Background information
c. Functional areas
d. Inspection findings
e. Sample documentation
i. Methodology
ii. Locations
iii. Laboratory information
iv. Results
f. Other documentation
g. Determination(s)
(d) If the level of contamination does not exceed that permitted by this article, the building
official shall then remove the public notice and provide written authorization to the
owner that occupancy may resume. The building official shall prepare an affidavit to be
filed by the property owner with the register of deeds indicating a preliminary assessment
was received indicating the level of contamination does not exceed that permitted by this
article.
(e) If the level of contamination exceeds that permitted by this article, the property owner
shall remediate the toxic contamination within 60 days of the notice issued pursuant to
section 8-253.
Sec. 8-256. Remediation.
The qualified contractor must clean the drug site and retest in accordance with Section 8-255
until contamination falls below the maximum acceptable levels. When the level of contamination
no longer exceeds that permitted by this article, the contractor shall prepare a final report and
deliver it to the Building Official. The property will remain vacated and posted pursuant to Sec.
8-253 until the property is remediated.
Sec. 8-257. Final Report.
All inspections and assessments conducted by a contractor during the removal and remediation
process shall be fully documented in writing. The report shall include the dates that activities
were performed and the names and signatures of the people and/or companies who performed the
activities. The final report shall include any other types of relevant documentation, including but
not limited to photographs, video recordings, drawings, and charts. Such additional
documentation shall likewise be signed and dated. The owner shall immediately provide a
certified copy of the final report to the building official upon receipt from the contractor. The
final report, at a minimum, shall include:
a. A case narrative, site description, and site assessment.
b. Physical address of property, number and type of structures on the property, and a
description of adjacent and/or surrounding properties.
c. Documented observations, and pre-remediation sampling results that provide
information regarding the manufacturing or processing method, chemicals
present, manufacturing or processing areas, chemical storage areas, and observed
areas of contamination or waste disposal.
d. Name of cleanup contractor(s) and the contractor's qualifications, experience, and
copy(s) of any certification(s); and
e. The signature of the contractor who prepared the report.
f. A copy of the contractor's 29 C.F.R. 1910.120 certification.
g. Worker safety and health information.
h. Decontamination and encapsulation procedures for each area that was
decontaminated.
1. Documentation that the structure was cleaned to acceptable levels, including, but not
limited to, the location and the results of post-decontamination samples, descriptions
of analytical methods used, and the location(s) oflaboratory(s) used.
Sec. 8-258. Post Remediation Actions.
Upon receipt of a final report in compliance with this article confirming the level of
contamination does not exceed that permitted by this article, the Building Official shall then
remove the public notice and provide written authorization to the owner that occupancy may
resume. The Building Official shall prepare an affidavit to be filed by the property owner with
the register of deeds indicating a final report was received indicating the level of contamination
does not exceed that permitted by this article.
Sec. 8-259.Remedition or Condemnation Authorized by the Governing Body.
If the property owner does not remediate the drug site or request an extension for good cause
within 60 days, the City may condemn or repair the building by remediation of the contamination
pursuant to the Uniform Code for Abatement of Dangerous Buildings and Kansas law.
Sec8-260. Penalty.
(a) Any violation of the provisions of this article shall be 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 enforcement of this article.
Section 2. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
Introduced:
Adopted:
December 13, 2010
December 20,2010
Aaron G. Peck, Mayor
[SEAL ]
ATTEST:
Lieu Ann Elsey, CMC, City Clerk