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<br />up.! Accompanying this legislation is guidance on specific clean up procedures from the Minnesota <br />Department of Health, and the Minnesota Pollution Control Agency. <br /> <br />The proposed City ordinance does not address the areas of state legislation listed above. Rather, the <br />ordinance is necessary because it provides local law enforcement, health, and environmental officials <br />with authority to declare a clandestine site a public health nuisance. Once a site has been declared a <br />public health nuisance, the City ordinance establishes general requirements for notification and <br />clean-up coordination; it does not provide specific regulations about how to proceed with clean-up, <br />this is when the state guidance manual and laws are necessary. <br /> <br />Financial Impact <br />Costs for abatement by the City can be levied against the owner of the property or those responsible <br />for its use as a drug lab. In addition, Minnesota Statutes ~ 152.0275, subdivision 1 (b) requires <br />offenders to pay restitution to a city or innocent property owner when emergency clean up and <br />response IS necessary. <br /> <br />The ordinance is also necessary for Elk River to receive funds from the revolving loan account <br />established by Minnesota Statutes ~ 446A.083, subdivision 2. One of the five eligibility requirements <br />for a loan is that a city or county "has required the site's property owner to remediate the site at cost, <br />under a local public health nuisance ordinance that addresses clandestine lab remediation."z The <br />proposed ordinance satisfies this requirement. <br /> <br />Attachments <br /> <br />Summary of Proposed Ordinance. <br />Text of Proposed Ordinance. <br /> <br />Action Requested <br />The Mayor and Council are asked to adopt Ordinance 06-_ adding sections 26-91 through <br />sections 26-106 to the City of Elk River Code of Ordinances and the attached Summary Ordinance <br />for publication. <br /> <br />Council Action <br /> <br />Motion by _ <br /> <br />Second by _ <br /> <br />Vote <br /> <br />Follow Up <br /> <br />1 www.health.state.rnn.us/d i vs/ eh/rneth/ ordi nance/rarnseys urn rna'rv. pd f <br />2 Minn. Stat. ~ 446A.083, subd. 4(2) <br /> <br />S:\Council\meth lab ord.doc <br />