Caledonia Argus

Ordinance in the works for meth lab clean-up

Posted: 2/17/04

By Shannon McKinney
Argus News Reporter

Rental property owners may be liable for clean-up costs if their renters manufacture methamphetamine. Houston County plans to implement an ordinance regarding the clean-up of methamphetamine labs.

In the last few years, there have been two meth lab busts in Houston County.

The first occurred near the city of Houston.

The second involved an arrest of individuals who had methamphetamines and paraphernalia at a rented trailer home a few miles outside of Eitzen in September of 2003. The owner of the trailer, Dave Schuldt, told The Argus on February 13 that no meth lab existed in the trailer, and that it has been tested to be clean and safe.

The safety of clean-up and costs associated with meth labs have officials planning an ordinance that will outline how they will handle the situation. The City of Houston is planning its own ordinance regarding meth clean-up.

Houston County Chief Deputy Ken Frank said that it is currently tough to prosecute property owners on the clean-up costs of meth labs.

Several officials met Wednesday morning, Feb. 11, to discuss what they would like to see in an ordinance. Houston County Public Health Director Linda Grupa brought sample copies of ordinances other counties have used.

It was the agreement of the committee to use an ordinance made for Dakota County.

According to the ordinance, after a clandestine drug lab site is discovered, law enforcement is responsible for treating, storing, transporting or disposing of all hazardous waste found at the site in a manner consistent with the Minnesota Department of Health, Minnesota Pollution Control Agency and other rules made by the county.

Public health and human services officials will be responsible to decontaminate individuals who are found at the site.

Caledonia Police Chief Duane St. Mary noted, ìThey have to be decontaminated before they go anywhere.î

In the case where children are found at the lab site, human services may be able to assist with supplying a change of clothes.

After the health department and law enforcement have taken out the hazardous material and decontaminated the occupants, the site shall have a warning sign affixed to the entrance to prepare anyone in advance that the site has dangerous residual chemicals.

According to the ordinance, the public health authority would notify the owners of the drug lab site and give them 10 days to remove the health nuisance or abate it.

Committee members agreed that clean-up must be done by licensed professionals.

Houston County Commissioner Ann Thompson noted, ìThe only stumbling block is the clean-up costs.î

St. Mary said, ìIt should be the responsibility of the owner.î

ìThe issue is that the property owner will not be very excited about the clean-up. As a landlord, theyíre not monitoring day and night. They might come in once a year,î said Thompson.

St. Mary responded, ìThereís civil recourse.î

ìIs there any type of insurance they can get,î questioned Ken Frank.

Thompson noted from her research that insurance companies do not want any liability, ìYet theyíll pay if you have a fire,î she said.

Grupa noted that if the chemicals are not properly cleaned up, there could be health issues years later.

ìWhat is is about the chemicals that cause such long term hazard?î said Thompson.

Grupa said when certain chemicals are mixed as is done in meth labs, the toxicity increases. ìIt penetrates the structures, the walls, the carpet.

Ken Frank added, ìItís the quantities that are used too.î

Grupa suggested educating landlords and community members about the signs of a meth lab operation. ìI think they should be forewarned of their risk,î she said.

Caledonia Police Officer Gary Bubbers suggested sending a flyer out to landlords informing them of the ordinance and the dangers of a meth lab.

One of the clean-up aspects of the lab is replacing piping where toxic chemicals were flushed down the toilet or rinsed down the sink.

St. Mary figures that by the time the toxic chemicals enter the public waste system they will be diluted enough to not cause harm.

Ken Frank suggested using part of an ordinance from Lino Lakes County that states, ìIf the city abates the public health nuisance, in addition to any other legal remedy, the city shall be entitled to recover all the costs plus an additional 25 percent costs for administration. The city may also recover costs by civil action by assessing the costs as a special tax against the property.î

Law enforcement officials and city administrators from Spring Grove, Eitzen, Brownsville, Hokah, Houston and La Crescent and Glenn Meiners, chair of the Houston County Township Association wlll also be invited to take part in the discussion of an ordinance concerning these issues.

The next meeting is scheduled for March 15, Wednesday morning at 9 a.m. at the commissioners room in the Houston County Courthouse.

A rough draft will be discussed.

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