R392-600-3. Preliminary Assessment Procedures

  (1) The local health department shall notify owner of record of test results reported to the local health department indicating that a property is potentially contaminated.

  (a) If the test results were from non-confirmation sampling, the owner of record may obtain confirmation sampling, performed by a certified decontamination specialist, within 10 days of receipt of the notice and provide the local health department with the confirmation sampling test results.

  (b) If the test results were from confirmation sampling, the local health department shall direct the owner of record to decontaminate the property as outlined in the following sections.

  (2) The decontamination specialist or owner of record shall determine the nature and extent of damage and contamination of the property from illegal drug operations by performing a preliminary assessment prior to decontamination activities. Contamination may be removed prior to approval of the work plan as necessary to abate an imminent threat to human health or the environment. If there was a fire or an explosion in the contaminated portion of the property that appears to have compromised its structural integrity, the decontamination specialist or owner of record shall obtain a structural assessment of the contaminated portion of the property prior to initiating the preliminary assessment.

  (3) To conduct the preliminary assessment, the decontamination specialist or owner of record shall:

  (a) request and review copies of any law enforcement, state agency or other report regarding illegal drug activity or suspected illegal drug activity at the property;

  (b) evaluate all information obtained regarding the nature and extent of damage and contamination;

  (c) determine the method of illegal drug manufacturing used;

  (d) determine the chemicals involved in the illegal drug operation;

  (e) determine specific locations where processing and illegal drug activity took place or was suspected and where hazardous materials were stored and disposed;

  (f) use all available information to delineate areas of contamination;

  (g) develop procedures to safely enter the property in order to conduct a preliminary assessment;

  (h) wear appropriate personal protective equipment for the conditions assessed;

  (i) visually inspect all portions of the property, including areas outside of any impacted structure to document where stained materials or surfaces are visible, drug production took place, hazardous materials were stored, and burn pits or illegal drug operation trash piles may have been or are currently present;

  (j) determine whether the property contains a septic system on-site and if there has been a release to the system as a result of the illegal drug operations;

  (k) determine the locations of the ventilation system components in the areas of contamination;

  (l) conduct and document appropriate testing for corrosive, flammable, combustible, and toxic atmospheres during the initial entry in the contaminated portion of the property using instruments such as a LEL/O2 meter, pH paper, PID, FID, or equivalent equipment; and

  (m) if decontamination is not anticipated due to the lack of supporting evidence of decontamination, obtain confirmation samples to demonstrate compliance with the decontamination standards using the methodology specified in this rule.

  (4) If the preliminary assessment does not reveal the presence of contamination above the decontamination standards specified in this rule, the decontamination specialist or owner of record may request that the property be removed from the list of contaminated properties as specified in 19-6-903 provided that:

  (a) a final report documenting the preliminary assessment is submitted to the local health department by the owner of record and decontamination specialist if one was involved in conducting the preliminary assessment; and

  (b) the local health department concurs with the recommendations contained in the report specified in (a).

  (5) If the preliminary assessment reveals the presence of contamination, the decontamination specialist or owner of record shall proceed according to R392-600-4 through R392-600-7. The contaminated portions of the property shall be kept secure against un-authorized access until the work plan has been submitted, any required permit is issued, and the property has been decontaminated to the standards established in this rule.