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2003-05-14 CC Packet
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2003-05-14 CC Packet
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5/9/2006 2:57:18 PM
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<br />. ~ ...~... ;..J~~;.';.~: ~ '"~" ~~~~:::~";" .~. _ ~. ~'. . .'J.\:. :,.~...... "'~'.~'~ :) _~: :'.~_,.~~ .'. y,.b ~.. :.: ~ :_~~,', \~ ~~ ~-. - : ~'i :.~.~ :~'. ~-,:',. '.' : ,:-:..~:.::: . . <br /> <br /> <br />MAY-02-2a03 12: 25 <br /> <br />LEAGUE OF MN CITIES <br /> <br />P.09/25 <br /> <br />occupy a former drug lab site unless cleanup has been completed <br />and verified. by the cleanup contractor. 53 <br /> <br />VI. LEGAL OPTIONS FOR ACHIEVING CLEANUP OF CONTAMINATED SITES <br /> <br />A. No Federal or State Statlltes RequiriDg Cleanup <br />'While the Minnesota Department of Health has issued genera] cleanup guidelines <br />for clan.d.estine drug labs, there are 11.0 state or federal laws requiring a landowner <br />to clean his or her property after clandestine drug lab contamination is discovered. <br />In addition, there are no speci1ic: laws prohibitin, people from entering or residing <br />in meth contaminated sites or using, sellina or aivinJ away. personal property that <br />may be contaminated with metb. residue. Also, it appears that there will be no <br />such state law in the foreseeable fUture. The State otMinnesota addressed this <br />and other meth lab issues in 200 1 by fanning the Minnesota Multi..ASency Drug <br />Lab Taskforce. It was the detenninatioD of the Taskforce that ''-be approach with <br />the best potential for successfUl early intervention [is] to pro\.id.e local <br />governments and a~encies with the tools and training to respond to labs in their <br />own jurisdictiODS." As a result, the Minnesota Departments of Heal' . <br />Agriculture and Transportation. are all wOrking to help local governments deal <br />with the problem of meth labs. ~$ All cities and/or counties should seriously <br />consider enactinS ordinances to require the oleanup ofmeth contamination as well <br />as CQntamination caused by other types of clandestine chug labs. <br /> <br />B. Exlsdlll Federal, State aDd Local Laws <br />For cities that have not yet enacted a clandestine drug lab cleanup ordinance, there <br />are some federal, state and loca11aws do exist that the city could Uy using to <br />persuade anellor force cleaDup and possibly obtain reimbursement for the costs of <br />cleanup. These existing laws include the following: <br /> <br />1. Existing Federal Laws <br />a. Reimbursement for local govenunents for costs of temporary <br />emergency response measures. S6 <br />b. Restitution obligation of defendant convicted of federal offense <br />involving manufacture ofmeth.S7 <br />c. Forfeiture of real and/or personal property. 51 <br /> <br />2. ExistiDg State Laws . <br />a. Hazardous Buildina statute. S9 <br />b. Lace] Public Health Board statue. 60 <br />c. State Nuisance statute'l ~. <br />d. State P OIfeiture statute. 62 ~..'" <br />e. State licensin& laws if lab is in a hotel, restaurant, day-care center or <br />other state-licensed establishment. 63 <br />f. Private right of action to enjoin or abate the nuisance. 64 <br /> <br />..6.. <br />
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