Utah attorney talks about meth lab disclosures

I’m a personal injury attorney from Utah. To determine whether your house is a former meth house, you will want to check with your state Department of Housing to see what type of requirements there are for sellers to disclose this.

In my opinion, selling a house without disclosing that it is a former meth house is extremely deceptive. It really amounts to fraud.

They hold back this critical information to make more money. I think there should be federal law mandating disclosure in all 50 states.

Ron Kramer

Kentucky Meth Lab clean up law amended

FRANKFORT, Ky. (July 14, 2008) — People who are considering renting, leasing or buying a residence must now be given written notice by the owner if the property has been contaminated by methamphetamine and has not been properly cleaned up by a certified contractor.

Failure to give potential occupants a written notice will be a Class D felony under amendments to the current Kentucky meth lab cleanup law that goes into effect July 15.  Each violation could result in a fine of up to $25,000 and/or imprisonment from one to five years.

House Bill (HB) 765, passed during the 2008 regular session of the General Assembly, also sets up a four-tier cleanup system based on the level of meth production and the potential contamination. The range will be from Tier 1, a small-scale, short-term meth lab, to Tier 4, a mass production lab where large amounts of meth are produced and large volumes of wastes were generated.

“Chemicals and equipment used to ‘cook’ meth in illegal makeshift labs create an immediate danger of explosion and fire and leave waste that poses a threat to the health of future occupants and to the environment,” said Tony Hatton, director of the Division of Waste Management in the Energy and Environment Cabinet (EEC).

Based on evidence and observations made at the scene, the Kentucky State Police or other law enforcement will determine if the property is contaminated and make a recommendation regarding the tier level. The recommendation is final unless the certified contractor provides clear justification for the property to be assigned to a different tier.

Meth cleanup contractors applying for certification will post financial assurance in the amount of $100,000 for a Tier 1, 2 or 3 cleanup; and $250,000 for a Tier 4 cleanup. Current contractors will be “grandfathered in.”

The certification program is administered by the Division of Waste Management’s Superfund Branch. The division is drafting decontamination requirements for the cleanup response tiers and modifying the cleanup guidance document in line with HB 765 amendments.

Other changes in the law will:

Allow law enforcement to post a meth contamination notice at the request of state or local health departments. Removing a notice without authorization will be a Class A misdemeanor, punishable by up a year in prison and/or a fine up to $500.
Require establishment by the state Department for Public Health of disclosure requirements for property owners and a process for appealing a posting.

Utah meth lab disclosure law

Utah law requires the owner of a property, not the realtor, to disclose whether a home has been used as a meth lab. The Governor signed Disclosure of Methamphetamine Contaminated Property Act on March 24, 2009.

The Disclosure of Methamphetamine Contaminated Property Act, sponsored by Merlynn T. Newbold and D. Chris Buttars requires a property owner or landlord  to disclose any knowledge that they have about  methamphetamine contamination of their property. The law includes “the use, storage, or manufacture of meth on their property”.  Failing to disclose meth contamination information to a buyer or renter, when a [Read more…]

Washington State property sales meth lab disclosure form

Property seller disclosure forms in Washington state do not include specific wording for “meth labs”, but they do require the seller to disclose if the property was used to manufacture “illegal drugs”. If you are buying property in Washington state and the seller has checked “no” or “don’t know”, you have three days to [Read more…]

Kentucky meth labs disclosure and cleanup rules amended

FRANKFORT, Ky. (July 14, 2008) — People who are considering renting, leasing or buying a residence must now be given written notice by the owner if the property has been contaminated by methamphetamine and has not been properly cleaned up by a certified contractor. Failure to give potential occupants a written notice will be a Class D felony under amendments to the current Kentucky meth lab cleanup law that go into effect July 15.  Each violation could result in a fine of up to $25,000 and/or imprisonment from one to five years.

House Bill (HB) 765, passed during the 2008 regular session of the General Assembly, also sets up a four-tier cleanup system based on the level of meth production and the potential contamination. The range will be from Tier 1, a small-scale, short-term meth lab, to Tier 4, a mass production lab where large amounts of meth are produced and large volumes of wastes were generated.

“Chemicals and equipment used to ‘cook’ meth in illegal makeshift labs create an immediate danger of explosion and fire and leave waste that poses a threat to the health of future occupants and to the environment,” said Tony Hatton, director of the Division of Waste Management in the Energy and Environment Cabinet (EEC).

Based on evidence and observations made at the scene, the Kentucky State Police or other law enforcement will determine if the property is contaminated and make a recommendation regarding the tier level. The recommendation is final unless the certified contractor provides clear justification for the property to be assigned to a different tier.

Meth cleanup contractors applying for certification will post financial assurance in the amount of $100,000 for a Tier 1, 2, or 3 cleanup; and $250,000 for a Tier 4 cleanup. Current contractors will be “grandfathered in.”

The certification program is administered by the Division of Waste Management’s Superfund Branch. The division is drafting decontamination requirements for the cleanup response tiers and modifying the cleanup guidance document in line with HB 765 amendments.

Other changes in the law will:

• Allow law enforcement to post a meth contamination notice at the request of state or local health departments. Removing a notice without authorization will be a Class A misdemeanor, punishable by up a year in prison and/or a fine up to $500.

• Require establishment by the state Department for Public Health of disclosure requirements for property owners and a process for appealing a posting.

For more information about the contractor certification program, contact Kim Leingang, Superfund Branch, 502-564-6716, Kim.Leingang@ky.gov , or go to the division’s Web site, http://waste.ky.gov/ . HB 765 is online at http://www.lrc.ky.gov/record/08RS/HB765.htm

Meth lab homes in Ohio may be changing

May 2008: Councilwoman Christine Croce has introduced legislation that seeks to provide some protection to home buyers. She wants anyone who owns a home or rental property that was once used as a meth lab to record that information on a city form, a form that would be given to a new buyer. If her legislation gets passed, [Read more…]