9.10 Drug Houses/Clandestine Drug Labs

Beginning in the 1980s until the present time, clandestine methamphetamine drug labs are a serious problem. Methamphetamine is referred to by many street names, including "meth," "speed," "crank," "chalk," "zip," and "cristy." The smokable form of the drug is called "L.A.," "ice," "crystal," "64glass," or "quartz." The drug has a powerful effect on the central nervous system, stimulating the brain and spinal cord by interfering with normal body chemical neurotransmission.

The production of methamphetamine can now be found in virtually all areas of the country. Labs are found in rural, city, and suburban residences, barns, garages, outbuildings, back rooms of businesses, apartments, hotel and motel rooms, storage facilities, vacant buildings, and even in motor homes. The problem with methamphetamine labs is simple; many of the ingredients used in the production of the final product are highly toxic. Each pound of meth produced leaves behind five or six pounds of toxic waste. Meth cooks often pour leftover chemicals and byproduct sludge down plumbing drains, storm drains, or directly onto the ground. Chlorinated solvents and other toxic byproducts used to make meth pose long term hazards because they can persist in the soil and groundwater for years. Once a property has been used to produce the drug, many of the ingredients used in the production of the drug, as well as the byproducts produced during the manufacturing process, leave a contaminated environment. Any house or property used to produce meth presents a serious health threat to those who occupy or even simply enter the premises.

If meth has been manufactured in a property, there may be serious health issues resulting from entering or occupying the property.

A person entering a structure that has been used to produce meth will detect an unpleasant chemical/ammonia smell.

Many people describe the smell as similar to that of cat urine or fingernail polish remover. Other signs of meth production are excessive amounts of chemical drums or other containers on the property which at one time contained solvents, drain cleaner, or antifreeze. Most people entering a meth lab will experience immediate eye irritation, throat irritation, and in many cases, respiratory discomfort. A common reaction is a tightening of the throat and an experience of lightheadedness or headache. Acute (short-term) exposures to high concentrations of some of the chemicals used in meth production, such as those law enforcement officers often face when they first enter a drug lab, can cause severe health problems including lung damage and burns to different parts of the body. Unlike other drugs, meth production can destroy a property and make it unhealthy to inhabit and costly to clean up.

Many state legislatures have recognized that houses used for the production of meth can lead to serious health problems in people either entering them or living in them and have taken steps to identify and monitor contaminated drug house cleanup. As an example, Washington requires owners to make sure that there are no more than 5.0 micrograms of meth residue per square foot in a house. For example in Oregon, the level is 0.5 micrograms. Oregon also takes steps to warn prospective buyers or tenants about contaminated residences. It places drug labs on a special list and information about the possible hazards are branded (added) to the property title. As another example, in California, they enacted the Methamphetamine Contaminated Property Cleanup Act of 2005. Until a property owner subject to Section 25400.25 receives a notice from a local health officer pursuant to Section 25400.27 that the property identified in an order requires no further action, all of the following shall apply to that property, except as otherwise required in Section 1102.3 or 1102.3a of the Civil Code: the property owner shall notify the prospective buyer in writing of the pending order and provide the prospective buyer with a copy of the pending order. The prospective buyer shall acknowledge, in writing, the receipt of a copy of the pending order. (California Health & Safety § 25400.28).

Check with the specific State laws regarding exact clean up methods and exposure levels. Below is an example of how to clean up a former meth lab in the State of California .

Cleaning Up Clandestine Meth Labs

The safest way to clean up a former meth lab is to hire an environmental company trained in hazardous substance removal and clean up. If the owner of the property desires to do the cleanup, extreme caution should be exercised as the contaminants give off fumes, penetrate the skin, and result in severe health problems. For most property owners, the cleanup costs are not covered by insurance.

The Methamphetamine Contaminated Property Cleanup Act of 2005

The Methamphetamine Contaminated Property Cleanup Act of 2005 is found in the California Health and Safety Code Section 25400.10 - 25400.47. The purpose of the Act is to identify properties contaminated by hazardous chemicals used in the manufacturing of methamphetamine, provide cleanup standards, and standards for determining when a site of a closed methamphetamine laboratory has been successfully remediated.

The statute specifies that any structure containing methamphetamine on indoor surfaces exceeding 1.5 micrograms per 100 square centimeters is unfit for human occupancy. In addition, if the methamphetamine manufacturing process included the use of lead or mercury compounds, the property is considered unsafe for human occupancy if the total level of lead is greater than 20 micrograms per square foot or the level of mercury is greater than 50 nanograms per cubic meter in the air. The following is a brief outline of the procedures that must be followed with respect to methamphetamine contaminated property:

• Within 48 hours after receiving notification from a law enforcement agency of potential property contamination by methamphetamine laboratory activity, the local health official is to post a written notice WARNING that the contaminated property has been seized and that it is unlawful for an unauthorized person to enter the contaminated premises.

• Within five working days after receiving a notification from a law enforcement agency of known or suspected property contamination due to methamphetamine laboratory activity, the local health officer shall inspect the property to determine if the property is contaminated. If the health officer determines that the property is NOT contaminated, the WARNING notice must be removed. If the health officer determines that the property is contaminated, within 10 days the following must be done:

1. File with the county recorder a lien on the real property in an amount equal to the costs incurred to inspect the property plus the county recorder’s fee. If the contaminated property is a mobile home or recreational vehicle, a restraint on the mobile home or vehicle must be filed. Any lien filed shall have the force, effect, and priority of a judgment lien. The restraint filed on a mobile home or vehicle clouds the title and prevents its transfer until the restraint is released.

2. An order prohibiting the use or occupancy of the contaminated property must be given to the property owners, those occupying the property, or any person having an interest in the property.

3. Once the real property owner or mobile home or vehicle owner receives an order prohibiting the use or occupancy of the contaminated property, the property owner must, within 30 days, retain the services of a methamphetamine laboratory site remediation authorized contractor to remediate the contamination.

The remediation contractor is to submit a work plan to the health officer. Once the remediation work plan is approved by the health officer, the remediation work is to be completed within 90 days. If the local health officer determines that the property contamination has been satisfactorily remediated, within 10 days of making that determination and upon receipt of payment for the amount of the recorded lien, the real property lien or restraint on the title of the mobile home or property shall be released. If the property owner does not initiate or complete the remediation of the property in compliance with the health officer’s order, the city or county in which the property is located may take action to remediate the contamination. The property owner then becomes liable for the costs of the remediation. If the real property owner does not pay the city or county for the remediation costs, the city or county may record a nuisance abatement lien against the real property. The abatement lien becomes a priority lien and an enforceable judgment lien.

A property owner of a methamphetamine contaminated property is liable for all of costs related to the contamination, including but not limited to testing, cost of maintaining records relating to the contamination, cost of remediation, disposal expenses, actual cost incurred by the local health officer in the testing and oversight of the remediation project, and all costs resulting in harm to public health or the environment relating to the contamination.

Only contractors that have undergone special training and meet other requirements relating to methamphetamine contamination remediation may perform the remediation work.

Company Policy for Licensees Regarding Potential Clandestine Drug Lab

The following policies should be followed by Associates:

Real estate agents should learn to recognize the signs of a potential Clandestine drug lab.

The more common observations are:

• Strong cat-box/ammonia smell within the house.

• A maroon colored residue on aluminum.

• Bottles or jugs used extensively for secondary purposes.

• Odor of ether, chloroform, or other solvents.

• Garbage containing paraphernalia.

If a real estate agent finds a Clandestine drug lab, the agent should:

• Immediately leave the property.

• Alert local law enforcement.

• Advise the seller that all of the procedures set forth in the Methamphetamine Contaminated Property Cleanup Act of 2005 (in California only) must be followed. Check with your State for exact procedures outside of California .

If a real estate agent suspects a drug lab, the agent should discuss it with the seller. Many sellers may have rental property and not know that Clandestine drug manufacturing had occurred on the property. If drug manufacturing is confirmed, it becomes a matter of seller/agent disclosure once the remediation has been completed and the property is again able to be occupied. Prior to any further occupancy of the property, contamination cleanup is required.

NEVER take a listing or write a purchase contract for a home that is suspected to have ever been a potential Clandestine drug lab without the Brokers written approval.