T6CH26

Title 6 > T6CH26

Sections (11)

6-2601

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 26 CLANDESTINE DRUG LABORATORY CLEANUP ACT 6-2601. Short title. This chapter shall be known and may be cited as the Clandestine Drug Laboratory Cleanup Act. History: [6-2601, added 2005, ch. 215, sec. 1, p. 687.]

6-2602

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 26 CLANDESTINE DRUG LABORATORY CLEANUP ACT 6-2602. Purpose. The legislature finds that some residential properties are being contaminated with hazardous chemical residues created by the manufacture of clandestine drugs. Innocent members of the public may be harmed when they are exposed to chemical residues if the residential properties are not decontaminated prior to any subsequent rental, sale or use of the properties. The purpose of this chapter is to protect the public health, safety and welfare by establishing a program providing a process and standards for the cleanup of clandestine drug laboratories. History: [6-2602, added 2005, ch. 215, sec. 1, p. 687; am. 2025, ch. 84, sec. 1, p. 394.]

6-2603

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 26 CLANDESTINE DRUG LABORATORY CLEANUP ACT 6-2603. Definitions. As used in this chapter, unless the context otherwise requires: (1) Clandestine drug laboratory means the areas where controlled substances or their immediate precursors, as those terms are defined in section 37-2701 , Idaho Code, have been, or were attempted to be, manufactured, processed, cooked, disposed of or stored, and all proximate areas that are likely to be contaminated as a result of such manufacturing, processing, cooking, disposing or storing. (2) Department means the Idaho department of health and welfare. (3) Law enforcement agency means any policing agency of the state or of any political subdivision of the state. (4) Qualified industrial hygienist means an individual who is: (a) Certified in comprehensive practice by the American board of industrial hygiene; or (b) Registered as a member of the association of professional industrial hygienists. (5) Residential property means any building or structure to be primarily occupied by people, either as a dwelling or as a business, including a storage facility, mobile home, manufactured home or recreational vehicle that may be sold, leased or rented for any length of time. Residential property does not include any water system, sewer system, land or water outside of a building or structure. (6) Residential property owner means the person holding record title to residential property, as defined in this section. History: [6-2603, added 2005, ch. 215, sec. 1, p. 687; am. 2025, ch. 84, sec. 2, p. 394.]

6-2604

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 26 CLANDESTINE DRUG LABORATORY CLEANUP ACT 6-2604. department responsibility. (1) Upon notification by a law enforcement agency or a property owner who voluntarily reports a property, the department shall place the property on the clandestine drug laboratory site property list. (2) When a property is determined by a qualified industrial hygienist to meet the cleanup standard in this chapter or the property owner submits documentation establishing that the property has been fully and lawfully demolished, the department shall issue the property owner a dated certificate of delisting. History: [6-2604, added 2025, ch. 84, sec. 4, p. 394.]

6-2605

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 26 CLANDESTINE DRUG LABORATORY CLEANUP ACT 6-2605. Law enforcement agency responsibility. A law enforcement agency, upon locating chemicals, equipment, supplies or immediate precursors indicative of a clandestine drug laboratory on a residential property, shall notify the residential property owner and the department within seventy-two (72) hours using the department-approved form and shall post a sign on the property. History: [6-2605, added 2005, ch. 215, sec. 1, p. 688; am. 2025, ch. 84, sec. 5, p. 395.]

6-2606

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 26 CLANDESTINE DRUG LABORATORY CLEANUP ACT 6-2606. Residential property owner cleanup responsibility. (1) Except as otherwise provided in subsection (2) of this section, upon notification to a residential property owner by a law enforcement agency that chemicals, equipment, supplies or immediate precursors indicative of a clandestine drug laboratory have been located on the owner’s residential property, the residential property owner shall meet the cleanup standards established by the department. The residential property shall remain vacant from the time the residential property owner is notified of the clandestine drug laboratory until such time as the residential property owner has received a certificate issued by the department evidencing that the cleanup standards have been met. (2) A residential property owner may, at his or her option, elect to demolish the residential property instead of meeting the cleanup standards established by the department. History: [6-2606, added 2005, ch. 215, sec. 1, p. 688; am. 2025, ch. 84, sec. 6, p. 395.]

6-2607

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 26 CLANDESTINE DRUG LABORATORY CLEANUP ACT 6-2607. Residential property owner immunity. Once a residential property meets the cleanup standards established in this chapter, the residential property owner and any representative or agent of the residential property owner shall be immune from civil actions involving health claims brought by any future owner, renter or other person who occupies the residential property, and by any neighbor of such residential property, where the alleged cause of injury or loss is based upon the use of the residential property for the purposes of a clandestine drug laboratory, provided however, that such immunity shall not apply to any person alleged to have produced the clandestine drugs. History: [6-2607, added 2005, ch. 215, sec. 1, p. 688; am. 2025, ch. 84, sec. 7, p. 395.]

6-2608

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 26 CLANDESTINE DRUG LABORATORY CLEANUP ACT 6-2608. Voluntary compliance. Any residential property owner who chooses to voluntarily and successfully accomplish the cleanup standards established by this chapter, whether or not such owner was notified by a law enforcement agency, shall be afforded the protections from civil actions provided in section 6-2607 , Idaho Code. History: [6-2608, added 2005, ch. 215, sec. 1, p. 688; am. 2025, ch. 84, sec. 8, p. 395.]

6-2609

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 26 CLANDESTINE DRUG LABORATORY CLEANUP ACT 6-2609. clearance sampling requirements. (1) A qualified industrial hygienist who is independent of the company or entity conducting the cleanup or analysis shall conduct sampling to verify that cleanup standards have been met. All sample collection must be conducted pursuant to this section. (2) Sample locations shall be photographed and show the floor plan of the property, and such photos shall be included in the requisite final report. (3) Samples shall be obtained, preserved, and handled under professional standards for the types of samples and analytical testing to be conducted under the chain of custody protocol. (4) Samples shall be analyzed by a laboratory certified by the United States environmental protection agency or accredited by the American industrial hygiene association laboratory accreditation program for the analyte being analyzed. (5) Sampling locations shall be numerically identified, and the numbered sampling locations shall be delineated on the floor plan, visible in photographs, and linked to samples. (6) Standard three (3) inch by three (3) inch gauze shall be used for all sampling. The gauze shall be wetted with analytical grade methanol or isopropanol and each surface wiped at least five (5) times in two (2) perpendicular directions, and the gauze shall be turned onto itself throughout the wiping process. (7) After sampling, the sample shall be placed in a new, clean sample container and sealed with a teflon-lined lid. The sample container shall be labeled with the site or project identification number, date, time, and sample location and shall be handled by professional standards and conducted under the chain of custody protocol. (8) Discrete sampling shall be used in areas expected to have the highest levels of contamination as identified on the department-approved form. A ten (10) centimeter by ten (10) centimeter area shall be sampled from non-porous surfaces such as floors, walls, appliances, sinks, or countertops in each room. The sample area shall be composed of no fewer than three (3) discrete samples. (9) All other rooms of the property with the lowest levels of contamination shall be sampled using one (1) discrete sample per room. (10) A ten (10) centimeter by ten (10) centimeter area shall be sampled from the ventilation system in a location to be determined by the qualified industrial hygienist. History: [6-2609, added 2025, ch. 84, sec. 9, p. 395.]

6-2610

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 26 CLANDESTINE DRUG LABORATORY CLEANUP ACT 6-2610. cleanup standards. The following cleanup standards must be met: (1) A level of methamphetamine that does not exceed a concentration of one-tenth (0.1) of a microgram per one hundred (100) square centimeters as demonstrated by clearance sampling conducted by a qualified industrial hygienist. (2) If a porous surface has a level of methamphetamine that does not exceed a concentration of five-tenths (0.5) of a microgram per one hundred (100) square centimeters as demonstrated by clearance sampling conducted by a qualified industrial hygienist, an adequate coating or sealant appropriate to the material may be used as a method to meet the cleanup standard. (3) Standards may be established for the cleanup of other controlled substances found in clandestine drug laboratories on an individual basis, based on an inventory of chemicals found, and after consultation with the department, the property owner, law enforcement, and a qualified industrial hygienist. History: [6-2610, added 2025, ch. 84, sec. 10, p. 396.]

6-2611

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 26 CLANDESTINE DRUG LABORATORY CLEANUP ACT 6-2611. reporting requirements. (1) For a property to be delisted, the property owner must provide the department with an original or certified copy of the final report that includes the following from a qualified industrial hygienist: (a) The property description, including physical street address, city, zip code, legal description, ownership, and number and type of structures present; (b) Documentation of sampling procedures and analytical results from a laboratory as specified in this chapter; and (c) A qualified industrial hygienist statement of qualifications, including professional certification or documentation, and a signed certification stating: I certify that the cleanup standard established by Idaho Code has been met as evidenced by testing I conducted. (2) If the property owner chooses to demolish the property, documentation shall be provided to the department showing that the structure was completely and lawfully demolished and disposed of complying with local, state, and federal laws and regulations. History: [6-2611, added 2025, ch. 84, sec. 11, p. 397.]