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<br />.. <br /> <br />c c. f-Ia/ldmcf <br />lk;m 5;7 <br />(t v I SLd (Ilt! rvLO <br /> <br /> <br />City of Elk River <br />REQUEST FOR COUNCIL ACTION <br />Agenda Section Meeting Date <br />Consent March 20, 2006 <br />Item Description <br />Ordinance proposal for clean up of clandestine drug lab sites <br />and chemical dum sites. <br /> <br />Item Number <br />3.7. <br /> <br />Prepared by <br />An ela Hanske <br />Reviewed by <br />Christopher J ohnson, Jeff Beahen, <br />Rebecca Hau , Bob Ru recht. <br /> <br />Introduction <br />Attached for your consideration is a proposed ordinance for the cleanup of clandestine drug lab sites <br />and chemical dump sites in the City of Elk River. The ordinance would be located under Chapter 26, <br />Article III of the existing City Code. This memo provides information regarding the purpose and <br />contents of the proposed ordinance. <br /> <br />Discussion <br />The manufacture and use of Methamphetamine has become an increasing concern to Elk River. We <br />believe the proposed ordinance provides local law enforcement, health, and environmental officials <br />with appropriate tools to address problems associated with the storage and use of chemicals to <br />produce Methamphetamine. <br /> <br />Properties used as drug labs or dump sites contain chemical residues which are health hazards for <br />current residents, future residents, neighbors, and the general public. The proposed ordinance <br />provides local law enforcement and the city environmental administrator with authority to declare <br />any suspected chemical lab or dump site a public health nuisance. Upon such declaration, local law <br />enforcement is required to notify officials at the city, county, state and federal levels. Once a site is <br />deemed a nuisance, all individuals, except authorized personnel, are prohibited from entering or <br />occupying a site until it has been properly cleaned. Failure to comply is a misdemeanor offense. <br /> <br />The ordinance requires the site owner to clean up the site by contracting with an environmental <br />hazard testing and cleaning fIrm. Failure to comply is a misdemeanor offense. Clean up occurs at the <br />site owner's expense, but if the owner is unable to afford clean up or fails to achieve clean up, the <br />city environmental administrator is authorized to take reasonable actions necessary to clean the site. <br />Reasonable actions include contracting with an environmental hazard cleaning fIrm, or if costs are <br />prohibitively high, demolition of the site. <br /> <br />The proposed City ordinance is consistent with existing state laws, including the laws which recendy <br />took effect in January 2006. A summary of state methamphetamine legislation indicates that the <br />newly enacted laws: (1) increase funding for meth agents; (2) establish funding for meth treatment <br />programs; (3) declare that meth is a narcotic drug; (4) create restrictions on precursor drugs; (5) <br />criminalize meth related conduct; (6) require restitution by offender(s) to public entities and <br />innocent property owners for emergency response and clean up; (7) list county responsibilities upon <br />discovery of meth labs; (8) establish a revolving loan fund for cities and counties engaged in clean- <br /> <br />S:\Council\meth lab ord.doc <br />