The Kentucky Division of Waste Management (DWM) has developed decontamination requirements for the four cleanup response tiers provided. Please note: the decontamination standard for methamphetamine is 0.1 ug/100 cm2; there has been no change in the decontamination standard.
- Pursuant to KRS 224.1-410(7), all inhabitable properties that have been posted by law enforcement or the health department must undergo at least a Tier 1 cleanup response.
- Pre-decontamination sampling cannot be conducted in order to demonstrate compliance with the decontamination standard.
- KDWM reserves the right to provide oversight of the decontamination activities and to collect samples as necessary.
- Although the property owner may assist the certified contractor in providing technical information about the inhabitable property, due to health and safety reasons, the owner cannot perform decontamination of the property unless they are a certified contractor.
- The certified contractor shall complete and self-certify a Contractor’s Certificate of Decontamination (CCD), Form DEP 5035, used to document interior and exterior assessment, decontamination and post-decontamination sampling activities performed by the certified contractor, and will serve as a record of decontamination decisions and actions and must be submitted to KDWM, within 60 days of completion of cleanup activities.
Property owners of posted contaminated properties have the option of:
- Property decontamination by a certified contractor.
- Property demolition (see Form DEP 6085, Owner’s Certificate of Demolition). All structures that are to be demolished in lieu of cleaning shall be carefully inspected for meth lab materials and hazardous materials. Normal demolition and disposal rules apply. Property owners who choose to demolish the dwelling, in lieu of decontamination, shall notify the cabinet, in writing, of their intent to demolish an inhabitable property 10 days before the demolition activities begin. An owner shall submit Form DEP 6085 with the proper documents, including pre-demolition photographs, post-demolition photographs, and waste disposal receipts, to the cabinet within 60 days of demolition. An owner shall render all furnishings unusable prior to disposal. All solid waste generated during demolition activities shall be disposed of at a permitted contained landfill. The landfill or other disposal facility shall not allow any contaminated interior building materials to be salvaged or reused. An owner shall not be required to hire a certified contractor for the purposes of demolition of an inhabitable property. In all cases a property owner is responsible for assessment, testing and proper removal and disposal of asbestos, lead and mercury containing materials and other building materials in accordance with state and federal regulations, including the solid waste regulations in 401 KAR Chapters 47-48. Burning a meth-contaminated structure in lieu of decontamination is prohibited, unless prior approval has been granted. Approval shall be obtained from the Kentucky Division for Air Quality prior to a training or practice burn. Safety of firefighter entry into a former meth lab structure and effectiveness of decontamination of firefighter equipment cannot be assured. In all cases of a practice or training burn, the burn shall be done in accordance with demolition and asbestos regulations.
- No action. Property must remain posted until decontamination has occurred. You may not re-rent or sell the property without full disclosure.