ILLEGAL DRUG LAB CLEANUP ASSISTANCE
Authority, Purpose, and Scope
(1) These rules are promulgated in accordance with and under the authority of ORS 475.405 through 475.495.
(2) The purpose of these rules is to establish the policies of the Department of Environmental Quality when responding to a request made by a law enforcement agency for assistance with the cleanup of hazardous materials and chemicals related to the production of illegal drugs.
(3) These rules establish relationships and responsibilities relative to:
(a) The Department's role in drug lab waste management;
(b) The assisted law enforcement agency's role in drug lab waste management;
(c) The taking of representative samples, and/or packaging, of materials needed for evidence;
(d) The documentation of waste management and site contamination;
(e) The role of the Department in the recovery of funds from responsible parties;
(f) The disposition of those materials managed by the Department as a result of the assistance provided that are not disposed as waste.
As used in these rules:
(1) "Administrative Costs" means direct staff, overhead and indirect costs of operating the program. Costs will be established using previous experience with cleanup management.
(2) "Chemical" has that meaning set forth in ORS 475.405(1).
(3) "Cleanup Costs" has the meaning set forth in ORS 475.405(3).
(4) "Department" means the Department of Environmental Quality, or its authorized representative.
(5) "Full Cost" means all cleanup costs, as defined in ORS 475.405(3), incurred by the Department at or related to a site.
(6) "Generator Status" means the role accepted by either the Department or the law enforcement agency where a registered hazardous waste generator is required for waste disposal, and at those times when materials are in transport with a contracted waste hauler.
(7) "Illegal Drug Cleanup Fund" is the funding account established under ORS 475.495.
(8) "Illegal Drug Lab Material Management" refers to the legal and responsible custody of hazardous materials and hazardous waste from the time they are received from a law enforcement agency to the time of final disposal.
(9) "Invoice" for the purpose of these rules shall mean any written notification from the DEQ to the law enforcement agency used to identify the amount of money to be repaid to the DEQ for the illegal drug lab cleanup fund.
(10) "Law Enforcement Agency" means any organization authorized under federal, state, or local laws or ordinances related to illegal drug manufacturing.
(11) "Qualified Vendor" means any waste management company able to provide proper waste management for the type of materials being managed, who is not currently in violation of any relevant statutes or rules.
(12) "Residual Contamination" means the residual odors and trace chemicals resulting from the operation of an illegal drug lab, or storage of materials associated with illegal drug manu-facturing.
(13) "Responsible Party" means a person or persons who is liable for cleanup costs under ORS 475.455.
(14) "Scheduled Substances" are chemicals listed by the State Board of Pharmacy and/or federal government as controlled substances.
(15) "Site" has the meaning set forth in ORS 475.405(9). The Department may include as part of the site those locations to which chemicals have been taken.
(16) "Site Cleanup" means the limited removal of chemicals related to the production of illegal drugs from any location identified by the participating agency to prevent further site contamination or criminal activity.
(17) "Temporary Storage" means the secure warehousing of confiscated material being held as evidence away from the point of seizure by the law enforcement agency.
(18) "TSDF" means a treatment, storage, or disposal facility that is a fully regulated and licensed waste management operation possessing proper approvals to handle the waste stream type originating from an illegal drug lab.
Stat. Auth.: ORS 466.705 - ORS 466.995 & ORS 475.405 - ORS 475.495
Stats. Implemented: ORS 475.405
Hist.: DEQ 25-1989(Temp), f. & cert. ef. 10-26-89; DEQ 13-1990, f. & cert. ef. 3-13-90; DEQ 4-1992, f. & cert. ef. 2-20-92
Extent of Assistance to be Provided
(1) Upon the request of a law enforcement agency, the Department of Environmental Quality may identify, cleanup, store and dispose of chemicals located at or resulting from an alleged drug manufacturing site.
(2) To arrange for assistance as provided in this rule the agency requesting services must contact the DEQ either directly or through the Oregon Emergency Response System, a 24 hour emergency reporting system at 1-800-452-0311.
(3) The Department will issue where needed a task order to a qualified vendor(s) to provide waste management services. Upon receiving and accepting an official request for assistance, the Department will schedule or dispatch the contractor to the location identified. It will be the responsibility of the Department to see that the contractor is competent and able to respond in a reasonable time to the requested location.
(4) The Department's contractor may be tasked to manage all or part of the cleanup operation and disposal in stages, such as:
(a) Assessment of need for action and implementation of appropriate pre-approved Department options;
(b) On-site cleanup and packaging of materials, and transportation to the TSDF;
(c) On-site representative sampling, and/or packing of materials to be transported by the law enforcement agency as evidence to a storage location of their choice;
(d) If temporary storage has been used, cleanup may take place at the storage location.
Responsibilities for Ownership of Waste, Storage, and Security
(1) When the disposal of chemicals from an illegal drug lab cannot be accomplished immediately after discovery, all confiscated materials will be the responsibility of the law enforcement agency and declared to be potential evidence pending investigation of an alleged crime. The law enforcement agency will remain responsible for the materials from the time of discovery to loading by the Department's contractor for final transport to the TSDF or an alternate legal disposal. In those cases where the law enforcement agency is the registered waste generator the responsibilities will continue as defined by federal and state statutes.
(2) The Department will serve as the legal generator of any hazardous wastes identified at the time of loading for transport to disposal, unless:
(a) Any such material is transported to disposal from a site owned by the law enforcement agency or the governmental entity it represents and that site already has a waste generator identification number for some other generator. Drug lab waste shipped from such sites will not be counted in calculating the waste generator fees assessed by DEQ for other waste management activities;
(b) Opportunity and justification exists to assign this responsibility to the responsible party;
(c) The Department has been unable to secure sufficient funds to properly manage the materials and has returned control of the disposal to the law enforcement agency.
(3) The Department will make application to the Environmental Protection Agency for generator status when applicable, or assist the law enforcement agency in achieving registration:
(a) Contractors moving hazardous waste from a cleanup site to disposal will use the registration number provided by, or through, the Department for that purpose;
(b) Law enforcement agency contractors moving evidence from a cleanup site to storage designated by the law enforcement agency will follow all applicable transporter regulations for transport of hazardous materials;
(c) As part of the work done for the Department, within five days of removing hazardous materials from an illegal drug lab site covered by ORS 453.855 - 453.992, contractors will provide copies of hazardous waste manifests, associated packing lists, and any related documentation of chemicals found at the site, to the Oregon Health Division, Office of Epidemiology and Health Statistics.
(4) Security at the cleanup site or storage location for contractor's staff and the confiscated materials, will be provided by the agency requesting the cleanup assistance.
After site cleanup operations there may be confiscated materials that must be managed by the law enforcement agency receiving cleanup assistance under some conditions:
(1) Materials transported to temporary storage because they are needed in the prosecution of an alleged crime shall be labeled as evidence, and will be the responsibility of the law enforcement agency involved.
(2) Materials, such as laboratory equipment and clean glassware, that present a hazard but are not hazardous waste may require temporary storage or local disposal options. Actions taken will be at the discretion of the law enforcement agency.
The initial funds needed to support the operation of this program will be provided by the Department:
(1) Federal law enforcement agencies will be asked to repay the full cost of the cleanup.
(2) Any agency that is invoiced for cleanup costs must make payment within 30 days, or further assistance may be withheld.
Records of Cleanups and Disposals
(1) The Department shall keep records of drug lab cleanups and resulting hazardous materials and waste management activities of its contractors.
(2) Each operation will be recorded in a file available in accordance with the public records law, and include:
(a) The operation date based on the request for assistance;
(b) The law enforcement agency's name and representative making the request for assistance;
(c) The location of the initial response;
(d) The cleanup and disposal contractor's name;
(e) The location of the disposal facility or temporary storage if used;
(f) Costs for each part of the operation;
(g) Cost recovery information if applicable;
(h) And any related information.
(1) The Department may demand repayment of cleanup costs from the responsible party when that person is known to the Department.
(2) The law enforcement agency assisted shall provide the Department with a schedule of any court actions involving the prosecution of persons potentially liable for cleanup costs.
(3) The Department will prepare invoices for the actual or estimated amount of the total cleanup costs and forward these invoices to the District Attorney's office handling the criminal prosecution of the case prior to the scheduled hearing date.
(4) Where a law enforcement agency cannot assist the Department in cost recovery through court ordered restitution in a criminal proceeding, the law enforcement agency may be requested to provide assistance in a civil cost recovery action:
(a) Law enforcement agencies may be asked to provide information on the identity and whereabouts of the responsible party;
(b) Law enforcement agencies may be requested to serve notices on behalf of the Department.
(5) All funds received by the Department identified as cost repayment, restitution, and any other name used to describe repayment of drug lab cleanup expenses and administrative costs will be deposited in the Illegal Drug Cleanup Fund.
(6) When money is recovered from a responsible party under ORS 475.405 through 475.495, such money will be deposited in the Illegal Drug Cleanup Fund.
Confiscated Materials Management
(1) In carrying out cleanup operations, items with residual contamination, in addition to hazardous waste, may be taken into custody and turned over to the Department by a law enforcement agency to protect public health and/or the environment. Any such items will be managed according to the appropriate statutes and rules for those materials. Unless otherwise regulated, these items may be handled in the following ways:
(a) Items where the value after decontamination will be less than the cost of decontamination will be disposed of as solid waste, or to provide additional security, as hazardous waste;
(b) Items not characterized as hazardous waste may be held until an acceptable recipient capable of decontaminating the items, and/or salvaging parts of the items, can be found. Recipients may be considered acceptable and capable of decontaminating or salvaging if they engage in that business professionally and have proper business license, and if required, Health Division approval. They must be willing to accept all risks and liabilities associated with ownership, operating, or reselling potentially contaminated items.
(2) All revenue generated by the Department under subsection (1)(b) of this rule will be deposited in the Illegal Drug Cleanup Fund.