Illegal drug laboratories-remediation of buildings.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0558.E1

SENATE FILE
NO.
SF0152

Illegal drug laboratories-remediation of buildings.

Sponsored by:
Senator(s) Fecht and Representative(s) Meyer and White

A BILL

for

AN ACT relating to public health and safety; providing that the discovery on property of hazardous materials related to clandestine laboratory operations constitutes an incident requiring response under the Wyoming Emergency Response Act; providing for rules and regulations setting forth standards for remediation of clandestine laboratory operations; providing for reimbursement of response costs; providing for notice and time for private remediation; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 35
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152(a)(iv), 35
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153 by creating a new subsection (h), 35
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156(d), 35
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157(b)(intro) and 35
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159(b)(intro)
and
by creating new subsection
s
(d)
and (e)
are amended to read:

35
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152.

Definitions.

(a)

As used in this act:

(iv)

"Incident" means the release, or imminent threat of release, of a hazardous material, or a situation involving a potential weapon of mass destruction that requires the emergency action of responders to limit or prevent damage to life or property
. "Incident" also includes the discovery on a property of hazardous materials related to clandestine laboratory operations as defined in W.S. 35
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7
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1058
;

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153.

State emergency response commission; creation; duties.

(h)

The commission shall, by rule and regulation set standards for incident response and remediation required to render former clandestine laboratory operation sites safe for re-entry, habitation or use with respect to the following:

(i)

Decontamination and sampling standards and best management practices for the inspection and decontamination of property and the disposal of contaminated debris;

(ii)

Appropriate methods for the testing of buildings and interior surfaces, furnishings, soil and septic tanks for contamination;

(iii)

When testing for contamination may be required; and

(iv)

When a site may be declared remediated.

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156.

Local response authority.

(d)

The incident commander shall declare an incident ended when he has determined the threat to public health and safety has ended.

Until the incident commander has declared the threat to public safety has ended the incident commander shall have the authority to declare the site or premise uninhabitable, secure the site or premise and take appropriate steps to minimize exposure to identified or suspected contamination at the site or premise.

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157.

Right to claim reimbursement.

(b)

Notwithstanding subsection (a) of this section
and except with respect to a response to a clandestine laboratory operation incident
, no person shall be liable under this act if the incident was caused by:

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159.

Exceptions to reimbursements; exception to act.

(b)

Except with respect to a response to a clandestine laboratory operation incident, t
he state, political subdivisions of the state or other unit of local government shall not be entitled to reimbursement under this act from any responsible party for an incident involving less than the following quantities of hazardous materials:

Hazard Class/Division

Hazard Type

Quantity subject to
from 49 CFR

reimbursement
Article 100-185

1.1, 1.2, 1.3

Explosive Materials

Any quantity
(Table 1 materials)

1.4, 1.5, 1.6

Explosive Materials

1001 pounds
(Table 2 materials)

2.1

Flammable Gas

150 gallons
(Table 2 material)

2.3

Poison Gas

Any quantity
(Table 1 material)

3

Flammable Liquid

150 gallons
(Table 2 material)

3

Combustible Liquid

300 gallons
(Table 2 material)

4.1

Flammable Solid or

11 pounds
4.2

Spontaneously Combustible
(Table 2 materials)

Material

4.3

Dangerous When Wet

3 pounds
(Table 1 material)

5.1

Oxidizer

1001 pounds
(Table 2 material)

(Includes inorganic

Peroxides)

5.2

Organic Peroxide

66 pounds
(Table 1 material)

6.1

Poison (Inhalation

32 pounds
(Table 1 material)

Hazard Zone A or B)

6.1

Poison (Other than

1001 pounds
(Table 2 material)

Inhalation Hazard Zone

A or B)

6.2

Infectious Substance

1001 pounds
(Table 2 material)

Class 7

Radioactive Material

Any quantity
(Table 1 material)

(Yellow Label III only)

Class 8

Corrosive Material

1001 pounds
(Table 2 material)

Class 9

Miscellaneous

1001 pounds
(Table 2 material)

Hazardous Material

(d)

Notwithstanding any other provision of this act, if a local law enforcement agency acting as an emergency responder does not find an immediate and substantial threat to public health when responding to a clandestine laboratory operation incident the local law enforcement agency discovering the clandestine laboratory operation shall provide written notice of the discovery to the owner of the property. The owner of the property shall have ninety (90) days to remediate the property in accordance with standards established pursuant to W.S. 35
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153(h). If the property is not remediated within ninety (90) days of receipt of notice pursuant to this section, the law enforcement agency acting as an emergency responder may take remediation action as provided in rules authorized under W.S. 35
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153(h).
If the owner is unable to complete the remediation within ninety (90) days, the owner may request an extension of time from the local law enforcement agency which shall grant the extension of time to complete the remediation if it finds that:

(i)

The owner is making a good faith effort to remediate the property; and

(ii)

The owner has a practical time schedule to complete the remediation.

(e)

If the law enforcement agency denies an extension pursuant to subsection (d) of this section, the owner may appeal to the governing body of the local law enforcement agency within fifteen (15) days of the issuance of the denial. The law enforcement agency's authority to take remediation action shall be stayed while the appeal is pending.

Section 3.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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SF0152