12-10658 Assessment and Remediation Standards for Drug SiteSummary published in The Salina Journal on September _, 2012.
Published on the City of Salina website from September , 2012.
ORDINANCE NUMBER 12-10658
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE VII, OF THE SALINA CODE BY
„ AMENDING SECTION 8-254 REGARDING ASSESSMENT AND REMEDIATION
STANDARDS FOR PROPERTY DESIGNATED AS A DRUG SITE.
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WHEREAS, on December 20, 2012, the Governing Body adopted on second reading
Ordinance Number 10-10585, codified at Chapter 8, Article VII of the Salina Code ("Meth Cleanup
' a Ordinance"), which established certain standards for the remediation of toxic chemicals resulting
from methamphetamine production at property designated as a drug site within the city;
WHEREAS, the Meth Cleanup Ordinance provides that, after a property is designated as a
site used for the production of methamphetamine, the property owner must retain a qualified
contractor to assess the level of contamination at the site, including the levels of volatile organic
compounds (VOCs) and mercury;
WHEREAS, since adoption of the Meth Cleanup Ordinance, city staff has conferred with
experts in the field of methamphetamine remediation, and learned that testing for VOCs and
mercury is often time-consuming and expensive;
WHEREAS, city staff has further learned that the testing and cleanup standards for mercury
are only relevant when the phenyl-2-propanone (P2P) method of methamphetamine manufacturing
is used at the site; and that VOCs are naturally removed during the course of the qualified
contractor's removal of other contaminants from the site;
WHEREAS, city staff recommends an amendment to the Meth Cleanup Ordinance to
eliminate the testing requirements for VOCs, and to only require testing for mercury when the
qualified contractor's preliminary assessment of the site indicates that the P2P method of'
methamphetamine manufacturing was used; and
' WHEREAS, it is necessary that the Governing Body, by ordinance, amend Chapter 8,
Article VII of the Salina Code by amending Section 8-254 regarding assessment and remediation
standards for property designated as a drug site; SO NOW THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Amendment of Section 8-254 of the Salina Code. That Section 8-254 of the
Salina Code be amended as follows:
Sec. 8-254. Assessment and Remediation Standards.
(a) All assessment and remediation must be conducted by a qualified contractor pursuant to
the standards and/or recommendations 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, such that the
levels of contamination do not exceed those permitted by this section. 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 contaminants to be tested and maximum acceptable levels of contamination follow:
(1) pH: Surface level of 7.
(2) Methamphetamine: 1.5 micrograms per 100 square centimeters.
' (3) Mercury [only if the preliminary assessment indicates the phenyl-2-propanone (P2P)
method of methamphetamine manufacturing was used]: 0.3 micrograms per cubic
meter of mercury in the air.
(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.
Section 2. Summary of Ordinance for Publication. This ordinance shall be published by
the following summary:
Ordinance No. 12-10658 Summary
w On September 17, 2012, the City of Salina, Kansas, passed Ordinance No. 12-10658.
The ordinance amends Chapter 8, Article VII, of the Salina Code by amending
Section 8-254 regarding assessment and remediation standards for property
' c designated as a drug site. A complete copy of the ordinance is available at
www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of
charge. This summary is certified by the city attorney.
Section 3. Effective Date. This ordinance shall be in full force and effect from and after its
adoption and publication by summary once in the official city newspaper.
Introduced:
Ado ted:
i
Norman M/1
[SEAL]
ATTEST:
Shandi Wicks, CMCity Clerk
September 10, 2012
September 17, 2012
Mayor