Utah Code 19-6-903. Law enforcement reporting and records — Removal from list
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(1)
Terms Used In Utah Code 19-6-903
- Certified decontamination specialist: means an individual who has met the standards for certification as a decontamination specialist and has been certified by the board under Subsection 19-6-906(2). See Utah Code 19-6-902
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- contamination: means :(3)(a) polluted by hazardous materials that cause property to be unfit for human habitation or use due to immediate or long-term health hazards; or(3)(b) that a property is polluted by hazardous materials as a result of the use, production, or presence of methamphetamine in excess of decontamination standards adopted by the Department of Health and Human Services under Section 26B-7-409. See Utah Code 19-6-902
- Decontaminated: means property that at one time was contaminated, but the contaminants have been removed. See Utah Code 19-6-902
- Department: means the Department of Environmental Quality. See Utah Code 19-1-103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Health department: means a local health department under Title 26A, Local Health Authorities. See Utah Code 19-6-902
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) When any state or local law enforcement agency in the course of its official duties observes any paraphernalia of a clandestine drug laboratory operation, including chemicals or equipment used in the manufacture of unlawful drugs, the agency shall report the location where the items were observed to the local health department.(1)(b)(1)(b)(i) The law enforcement officer shall make the report under Subsection (1)(a) at the location where the observation occurred, if making the report at that time will not compromise an ongoing investigation.(1)(b)(ii) If the report cannot be made at the location, the report shall be made as soon afterward as is practical.(1)(c) The report under Subsection (1)(a) shall include:(1)(c)(i) the date of the observation;(1)(c)(ii) the name of the reporting agency and the case number of the case that involves the location of the observation;(1)(c)(iii) the contact information of the officer involved, including name and telephone number;(1)(c)(iv) the address of the location and descriptions of the property that may be contaminated; and(1)(c)(v) a brief description of the evidence at the location that led to the belief the property at the location may be contaminated.
(2) The law enforcement agency shall forward to the local health department copies of the reports made under Subsection (1).
(3)
(3)(a) Upon receipt of a complaint or a report from law enforcement regarding possibly contaminated property, the local health officer or his designee shall determine if reasonable evidence exists that the property is contaminated.
(3)(b) The local health department shall place property considered to be contaminated on a contamination list.
(4) The local health departments shall maintain searchable records of the properties on their contamination lists and shall:
(4)(a) make the records reasonably available to the public;
(4)(b) provide written notification to persons requesting access to the records that the records are only advisory in determining if specific property has been contaminated by clandestine drug lab activity; and
(4)(c) remove the contaminated property from the list when the following conditions have been met:
(4)(c)(i) the local health department has monitored the decontamination process and, after documenting that the test results meet decontamination standards, has authorized the removal of or purging of the contamination information from the department’s records; or
(4)(c)(ii) a certified decontamination specialist submits a report to the local health department stating that the property is decontaminated.