SUBCHAPTER 41D – methamphetamine decontamination

Section .0100 – Decontamination of methamphetamine sites

10A NCAC 41D .0101      GENERAL

(a)  The rules of this Subchapter implement the provisions of G.S.130A-284 by establishing decontamination standards for property that has been used for the manufacture of methamphetamine. The contaminated property shall not be occupied prior to decontamination of the property in accordance with these Rules.

(b)  A responsible party shall, prior to habitation of the property:

(1)           perform a pre-decontamination assessment to determine the level of contamination and scope of remediation;

(2)           decontaminate the property; and

(3)           document the activities of this Paragraph. The Division shall develop a template that can be used for this purpose.

(c)  As used in this Subchapter the term "responsible party" means an owner, lessee, operator, or other person in control of a residence or place of business or any structure appurtenant to a residence or place of business who has knowledge that the property has been used for the manufacture of methamphetamine.

(d)  When law enforcement officials have posted a notice on property signifying that the property had been used as a clandestine methamphetamine laboratory, the law enforcement officials shall immediately notify the local health department of the presence of the laboratory. The local health department shall immediately inform the property owner of record or his agent that the property has been used as a methamphetamine laboratory, inform him that the property must be vacated, and inform him of the requirement placed upon a responsible party to remediate the property in accordance with these rules prior to the property being reoccupied.

History Note:        Authority G.S. 130A-284;

Temporary Adoption Eff. January 1, 2005;

Eff. April 1, 2005;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.