10-10585 Toxic Chemical Remediationbeee.mber M j 2.D 1r.)
ORDINANCE NUMBER 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. That Chapter 8, Article VII of the Salina Code is hereby established to read as
follows:
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 therefrom; 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
j activity.
i
Personal effect means any personal property, including but not limited to, furniture, cookware,
dishes, clothing, fabric items, blankets, and linens, used in a dwelling.
I
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
I lazardous Waste Operation and Emergency Response training pursuant to 29 C.P.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 I Icalth & 1_;nvironment determine that the property hosted drug activity:
(a) ']'he 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 5-253, 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 1;NTER
`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 adjacent
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) p11: Surface level of 7.
(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 of HVAC mechanical systems, vents and plumbing, including separate
I IVAC 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 method(s);
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.
Fre damage, or outdoor areas of dead vegetation;
i. 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 cmz, 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
1'. 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.
See. 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
C. 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.
i. 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) of laboratory(s) used.
Sec. 8-258. Post Remediation Actions.
Upon receipt of a final report in compliance with this article confirming the level of contamination
docs 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
Ol'iicial shall prepare an at7idavit 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.Rem edition 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. j
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) "fhe 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
is and publication once in the official city newspaper.
ii
Introduced: December 13, 2010
Adopted: December 20, 2010
[SEAL.]
ATTEST:
Lieu Ann Elsey, CMC, City Clerk
f r,-,
Aaron G. Peck, Mayor