Article 1. Findings And Definitions of California Health And Safety Code >> Division 20. >> Chapter 6.9.1. >> Article 1.
(a) The Legislature finds and declares all of the
(1) Methamphetamine use and production are growing throughout the
state. Properties may be contaminated by hazardous chemicals used or
produced in the manufacture of methamphetamine where those chemicals
remain and where the contamination has not been remediated.
(2) Initial cleanup actions may be limited to the removal of bulk
hazardous materials and associated glassware that pose an immediate
threat to public health and the environment. Where methamphetamine
production has occurred, significant levels of contamination may be
found throughout residential properties if the contamination is not
(3) Once methamphetamine laboratories have been closed, the public
may be harmed by the materials and residues that remain.
(4) There is no statewide standardization of standards for
determining when a site of a closed methamphetamine laboratory has
been successfully remediated.
(b) This chapter shall be known, and may be cited as, the
"Methamphetamine Contaminated Property Cleanup Act of 2005."
For purposes of this chapter, the following definitions
(a) "Authorized contractor" means a person who has been trained or
received other qualifications pursuant to Section 25400.40.
(b) "Contaminated" or "contamination" means property polluted by a
hazardous chemical related to methamphetamine laboratory activities.
(c) "Controlled substance" has the same meaning as defined in
(d) "Decontamination" means the process of reducing the level of a
known contaminant to a level that is deemed safe for human
reoccupancy, as established pursuant to Section 25400.16 using
currently available methods and processes.
(e) "Department" means the Department of Toxic Substances Control.
(f) "Designated local agency" means either of the following:
(1) A city or county agency designated by the local health officer
to carry out all, or any portion of, responsibilities assigned to
the local health office as specified by this chapter. The local
health officer may authorize any of the following to serve as a
designated local agency:
(A) The Certified Unified Program or CUPA as certified pursuant to
Chapter 6.11 (commencing with Section 25404), except in a
jurisdiction where the state is acting as the CUPA pursuant to
subdivision (f) of Section 25404.3.
(B) The fire department or environmental health department.
(C) The local agency responsible for enforcement of the State
Housing Law (Part 1.5 (commencing with Section 17910) of Division
(2) For property specified in paragraph (2) of subdivision (t),
notwithstanding Section 18300, the city or county agency specified in
paragraph (1) authorized by the local health officer in that
(g) "Disposal of contaminated property" means the disposal of
property that is a hazardous waste in accordance with Chapter 6.5
(commencing with Section 25100).
(h) "Hazardous chemical" means a chemical that is determined by
the local health officer to be toxic, carcinogenic, explosive,
corrosive, or flammable that was used in the manufacture or storage
of methamphetamine that is prohibited by Section 11383.
(i) "Illegal methamphetamine manufacturing or storage site" or
"site" means property where a person manufactures methamphetamine or
stores a hazardous chemical used in connection with the manufacture
of methamphetamine in violation of Section 11383.
(j) "Local health officer" means either of the following:
(1) Except as provided in paragraph (2), a county health officer,
a city health officer, or an authorized representative of that local
(2) In the case of property specified in paragraph (2) of
subdivision (t), an authorized representative of the designated
agency specified in paragraph (2) of subdivision (f).
(k) "Manufactured home" means both of the following:
(1) "Manufactured home," as defined in Section 18007.
(2) "Multi-unit manufactured housing," as defined in Section
(l) "Methamphetamine laboratory activity" means the illegal
manufacturing or storage of methamphetamine.
(m) "Mobilehome" has the same meaning as defined in Section 18008.
(n) "Mobilehome park" means both of the following:
(1) "Mobilehome park," as defined in Section 18214 or 18214.1.
(2) "Manufactured housing community," as defined in Section 18801.
(o) "Office" means the Office of Environmental Health Hazard
(p) "Posting" means attaching a written or printed announcement
conspicuously on property that is determined to be contaminated by a
methamphetamine laboratory activity or the storage of methamphetamine
or a hazardous chemical.
(q) "Preliminary site assessment work plan" or "PSA work plan"
means a plan to conduct activities to determine the extent and level
of contamination of an illegal methamphetamine manufacturing or
storage site and that is prepared in accordance with the requirements
of Section 25400.36.
(r) "Preliminary site assessment" or "PSA" means the activities
taken to determine the extent and level of contamination of an
illegal methamphetamine manufacturing or storage site that are
conducted in accordance with an approved PSA work plan.
(s) "Preliminary site assessment report" or "PSA report" means a
determination that the levels of contamination at an illegal
methamphetamine manufacturing or storage site require remediation,
including a recommendation for the remedial actions required for the
site to meet human occupancy standards, and that is prepared in
accordance with Section 25400.37.
(t) (1) "Property" means a parcel of land, structure, or part of a
structure where the manufacture of methamphetamine or storage of
methamphetamine or a hazardous chemical that is prohibited by Section
(2) "Property" also includes any of the following where the
manufacture of methamphetamine or storage of methamphetamine or a
hazardous chemical that is prohibited by Section 11383, occurred:
(A) A mobilehome park.
(B) A mobilehome or manufactured home located in a mobilehome park
or special occupancy park, or a recreational vehicle sited in a
mobilehome park or special occupancy park, including any accessory
building or structure under the ownership or control of the owner of
the manufactured home, mobilehome, or recreational vehicle sited in
the mobilehome park or special occupancy park.
(C) A special occupancy park.
(3) If a mobilehome or manufactured home is not located in a
mobilehome park or special occupancy park, then paragraph (1) is
applicable to that mobilehome or manufactured home.
(u) (1) "Property owner" means a person owning property by reason
of obtaining it by purchase, exchange, gift, lease, inheritance, or
legal action, and who is responsible for the remediation of the
property pursuant to this chapter.
(2) "Owner," for purposes of a mobilehome park, means the owner of
the real property on which the mobilehome park is located.
(3) "Owner" for purposes of a special occupancy park, means the
owner of the real property on which the special occupancy park is
(v) "Recreational vehicle" has the same meaning as defined in
Section 18010, but only if that vehicle is sited in a mobilehome park
or special occupancy park.
(w) "Special occupancy park" has the same meaning as defined in
(x) "Storage site" means any property used for the storage of a
hazardous chemical or methamphetamine that is prohibited by Section
(y) "Vehicle license stop" means the Department of Motor Vehicles
is prohibited from renewing the registration of a vehicle, or from
allowing the transfer of any title to, or interest in, that vehicle.
(z) "Warning" means a sign posted by the local health officer
conspicuously on property where methamphetamine was manufactured or
stored, informing occupants that hazardous chemicals exist on the
premises and that entry is unsafe.
Any term not defined expressly by this article shall have
the same meaning as defined in Chapter 6.8 (commencing with Section