Section R392-600-3 - Preliminary Assessment Procedures(1) If a test result indicates a property is potentially contaminated, the local health department shall notify the owner of record of the test results and: (a) if the test result was from non-confirmation sampling, the owner of record may obtain confirmation sampling, performed by a certified decontamination specialist, within 10 days of receipt of the notice and provide the local health department with the confirmation sampling test results; or(b) if the test result was from confirmation sampling, the local health department shall direct the owner of record to decontaminate the property as outlined in this rule.(2)(a) If a decontamination is directed as in Subsection (1)(b), the decontamination specialist or owner of record shall determine the nature and extent of damage and contamination of the property by performing a preliminary assessment before beginning decontamination activities.(b) Contamination may be removed before approval of the work plan as necessary to abate an imminent threat to human health or the environment.(c) If there was a fire or an explosion in the contaminated portion of the property that appears to have compromised its structural integrity, the decontamination specialist or owner of record shall obtain a structural assessment of the contaminated portion of the property before initiating the preliminary assessment.(3) To conduct the preliminary assessment, the decontamination specialist or owner of record shall: (a) request and review copies of any law enforcement, state agency or other report regarding illegal drug activity or suspected illegal drug activity at the property;(b) evaluate information obtained regarding the nature and extent of damage and contamination;(c) determine the method of illegal drug manufacturing used;(d) determine the chemicals involved in the illegal drug operation;(e) determine specific locations where processing and illegal drug activity took place or was suspected and where hazardous materials were stored and disposed;(f) use available information to delineate areas of contamination;(g) develop procedures to safely enter the property to conduct a preliminary assessment;(h) wear appropriate personal protective equipment for the conditions assessed;(i) visually inspect each portion of the property, including each area outside of any impacted structure to document where each stained material or surface is visible, drug production took place, hazardous material was stored, and burn pit or illegal drug operation trash pile may have been or are currently present;(j) determine whether the property contains a septic system on-site and if there has been a release to the system as a result of the illegal drug operations;(k) determine the locations of the ventilation system components in the areas of contamination;(l) conduct and document appropriate testing for corrosive, flammable, combustible, and toxic atmospheres during the initial entry in the contaminated portion of the property using a LEL/O2 meter, pH paper, PID, FID, or equivalent equipment; and(m) if decontamination is not anticipated due to the lack of supporting evidence of decontamination, obtain confirmation samples to demonstrate compliance with the decontamination standards using the methodology specified in this rule.(4) If the preliminary assessment does not reveal the presence of contamination above the decontamination standards specified in this rule, the decontamination specialist or owner of record may request that the property be removed from the list of contaminated properties as specified in Section 19-6-903 provided that: (a) a final report documenting the preliminary assessment is submitted to the local health department by the owner of record and decontamination specialist if one was involved in conducting the preliminary assessment; and(b) the local health department concurs with the recommendations contained in the report.(5)(a) If the preliminary assessment reveals the presence of contamination, the decontamination specialist or owner of record shall proceed according to Sections R392-600-4 through R392-600-7.(b) The contaminated portions of the property shall be kept secure against un-authorized access until the work plan has been submitted, any required permit is issued, and the property has been decontaminated to the standards established in this rule.Utah Admin. Code R392-600-3
Adopted by Utah State Bulletin Number 2015-10, effective 5/1/2015Amended by Utah State Bulletin Number 2017-14, effective 6/21/2017Amended by Utah State Bulletin Number 2018-18, effective 8/24/2018Amended by Utah State Bulletin Number 2022-15, effective 7/13/2022