Laserfiche WebLink
<br />MAY-el2-2003 12: 2S <br /> <br />LEAGUE OF MN CITIES <br /> <br />P. 09/25 <br /> <br />occupy a fOlmer drug lab site unless cleanup has been completed <br />and verified by the cleanup contractor.SJ <br /> <br />VI. LEGAL OPTIONS FOR ACHIEVING CLEANUP OF CONTAMINATED SITES <br /> <br />A. No Federal or State Statutes Requiring Clellllup <br />While the Minnesota Department of Health has issued general cleanup guidelines <br />for clandestine drug labs, there are no 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 specific laws prohibiting people from entering or residing <br />in meth contaminated sites or usina. sellini or iivin: away personal property that <br />may be contaminated with meth residue. Also, it appears that there will be no <br />such state law in the foreseeable future. The State of Minnesota addressed this <br />and other math lab issues in 200 I by funning the Minnesota Multi.Agency Drug <br />Lab Taskforce. It was the detmnination of the Taskforce that ''the approach with <br />the best potential for successful early intervention [is] to provide local <br />governments and a~encies with the tools and training to respond to labs in their <br />own jurisdictions." As a result, the Minnesota Departments of Health, <br />Agriculture and Transportation. are all working to help local governments deal <br />with the problem of meth labs. 'S All cities and/or counties should seriously <br />consider enacting ordinances to require the cleanup ofmeth contamination as well <br />as contamination caused by other types of cllJI\destine drug labs. <br /> <br />B. Exlst1ng F edera1, State aDd Local Lam <br />For cities that have not yet enacted a clandestine drug lab cleanup ordinance, there <br />are some federal, state and local laws do exist that the city could tIy using to <br />persuade and/or force cleanup 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 !ccal governments for costs of temporary <br />em<'l'gency response measures. 56 <br />b. Restitution obligation of defendant convicted of fed<'I'aJ offense <br />involving manufactlll'e ofmeth.57 <br />c. Forfeiture of real and/or personal property,58 <br /> <br />2. Exis~ State Laws <br />a. Hazardous Building statute. 59 <br />b. Local Public Health Board statue. 60 <br />c. State Nuisance statute"! " <br />d. State Forfeiture statute.62 ". <br />e. State li=sing laws iflab 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 t..e nuisance.64 <br /> <br />- 6- <br />