STATEMENT OF BASIS AND PURPOSE
AND SPECIFIC STATUTORY AUTHORITY
for Amendments to
6 CCR 1014-3, Regulations Pertaining to the Cleanup of Methamphetamine Laboratories
(Adopted by the Board of Health on October 15, 2014)
Basis and Purpose.
These amendments to 6 CCR 1014-3, Regulations Pertaining to the Cleanup of Methamphetamine
Laboratories, are being made pursuant to the authority granted to the Board of Health in § 25-18.5102, C.R.S.
A recent law, SB13-219, amended § 25-18.5-102, C.R.S., and directs the Board of Health to
promulgate:
1a) procedures for testing and evaluating contamination at illegal drug laboratories involving
methamphetamine (meth labs);
1b) standards for the cleanup of meth labs;
1c) rules for a training and certification program for individuals and companies involved in
assessment, decontamination and sampling of meth labs;
1d) definition of “assessment”, “decontamination” and “sampling”;
1e) procedures for the approval of persons to train Consultants or Contractors in the assessment,
decontamination, or sampling of illegal drug labs; and
1f) procedures for Contractors and Consultants to issue certificates of compliance to property
owners upon completion of assessment, decontamination and sampling of illegal drug laboratories
to certify that the remediation of the property meets the cleanup standards established by the
Board.
SB 13-219 directs the Board to establish fees for:
2a) certification and monitoring of individuals and companies involved in assessment,
decontamination and sampling of meth labs;
2b) monitoring of individuals and companies involved in the assessment, decontamination, and
sampling of illegal drug laboratories, necessary to ensure compliance with the statute and
regulation; and
2c) approval of persons that train individuals involved in assessment, decontamination and
sampling of meth labs.
SB 13-219 directs the Board to adopt rules for determining administrative penalties for violations of
the statute and regulation.
Statutory directives 1a) and 1b) listed above were originally established in 2005 and resulted in the
current regulations (Part 1). However, SB 13-219 modified certain portions of the directives
requiring some changes to Part 1. Statutory directives 1c) through 1f) and 2a) through 2c) are new
requirements to establish a new regulatory program. These directives are encompassed in a new
Part 2 of the regulations. The last statutory directive establishes a new program to enforce the
statute and regulations. The last directive is encompassed in Part 3 of the regulations.
The existing regulations, Part 1, apply to owners of properties with meth contamination, and to
those who perform assessment, decontamination and sampling at meth contaminated properties.
Revisions to Part 1 are necessary to incorporate statutory changes made by SB13-219 that include
clarifications to existing language, and to update procedures to conform with best and current
industry practice.
A new section, Part 2, is being added to the regulation and establishes a training and certification
program for individuals involved in meth lab assessment, decontamination and sampling. The new
section of the regulation will apply to individuals and companies that perform assessment,
decontamination and sampling at meth contaminated properties, and to individuals and companies
that provide training required by the regulation. There will be fees associated with the required
training and certification program, which will be paid by certified individuals, companies and
training providers. There are no known costs to local governments due to the revisions in Part 2.
A new section, Part 3, is being added to the regulation and establishes a program to enforce the
requiremenmts of the statute and regulation. The new section of the regulation will apply to
individuals and companies that perform assessment, decontamination and sampling at meth
contaminated properties, and to individuals and companies that provide training required by the
regulation. There will be penalties associated with violations of the statute and regulation. There
are no known costs to local governments due to the revisions in Part 3.
The Department would like the Board of Health to schedule a rulemaking hearing on the proposed
rule changes for October 2014.
The Department has conducted an extensive stakeholder process to develop the proposed changes
and additions to the regulations. As of the date of this memo, we anticipate that all stakeholder
issues will be resolved by the date of the rulemaking hearing.
Specific Statutory Authority.
These rules are promulgated pursuant to § 25-18.5-102, C.R.S. The powers and duties of the
Department are set forth in § 25-18.5-106, C.R.S. The authority to enforce the rules is set forth in §
25-18.5-107, C.R.S.
SUPPLEMENTAL QUESTIONS
Is this rulemaking due to a change in state statute?
__X__ Yes, the bill number is SB13-219; rules are ___ authorized _X_ required.
______ No
Is this rulemaking due to a federal statutory or regulatory change?
_____ Yes
__X__ No
Does this rule incorporate materials by reference?
__X_ Yes
___ _ No
Does this rule create or modify fines or fees?
__X__ Yes
______ No