« Ind. Gov't. - Yet more on: "Pension Funds Object to Chrysler Sale, Want Trustee" | Main | Ind. Law - More on "Mitchell could reauthorize golf carts on town streets under new law" »

Wednesday, May 27, 2009

Ind. Law - "Plymouth motel pays price for meth cleanup"

Updating earlier ILB entries, including this one from March 30, 2009 ( "Meth lab cleanup a hassle for landlords"), and this one from May 10, 2009 ("Scores of Indiana homes contaminated by meth labs sit abandoned"), both of which bear rereading, a story today in the South Bend Tribune, by Virginia Ransbottom, reports:

PLYMOUTH — When Indiana State Police arrested an Argos couple last month in a motel room, accusing them of making methamphetamine, the inn's owners did their best to help police and clean up the property.

But weeks later, they are baffled by the cleanup procedure and worried about the high cost and the possible stigma to the small business.

"It's frustrating," said Economy Inn owner and manager Chetna Patel. "We work with police to try and keep that kind of activity out of here and it ends up costing us."

The incident occurred April 24 after a call came in to the Marshall County Multi-Agency Drug unit tip line saying several people were coming and going from the room and citing a strong odor of ammonia.

An occupant of the room was also seen placing a bag in a Dumpster at the nearby Marathon Station.

According to court records, Plymouth police found the bag to contain meth-making components and then found a meth lab in the room.

After the ISP meth lab suppression unit seized the drugs and disposed of hazardous chemicals, a sign was posted on the door warning of clandestine laboratory activity.

The sign said hazardous substances or waste product might still be on the property, either in the buildings or in the ground itself, and to exercise caution while on the premises.

Patel thought the incident was over and proceeded cautiously with maintenance airing the room out, cleaning walls, carpet and repainting. * * *

More than a week later, with an operational lab possibly leaving behind hazardous chemical residue, Patel received a certified letter from the Marshall County Health Department, condemning the room until a decontamination certificate is received from the Indiana Department of Environmental Management. * * *

Jason Faulstich, of the ISP, said that after the police leave, it is up to the property owner and health department to work things out.

"The health department of each county determines if the house is condemned or not and if people are allowed back in," he said.

The ISP faxes the occurrence report to the county's health department, which is available to the public.

In Marshall County, the health department reviews the report, and within about a week, the property owner receives a "do not occupy" order by certified mail that tells of the state rule for IDEM certified testing.

A meth raid also occurred at the Bremen Inn, but he said the property was not considered hazardous.

"If no actual operating lab is found, we don't send a letter," said Marshall County health director Wes Burden. "And removing items is a real gray area with IDEM. The rule just addresses the structure."

"There's no gray area," said IDEM senior environmental manager Steve Mojonnier. "It's not in the rule. The only thing about household products is that they must be taken out before testing because it can interfere with test procedures."

But if the rule is so strict about testing the structure for hazardous residue, wouldn't the household products be hazardous, too?

Mojonnier said he did not know how much risk was posed.

"That's what they find out when tested," Mojonnier said. "They need professional advice to find out how safe it is."

In St. Joseph County, the health department responds as soon as the occurrence report is received. It pastes a sign on the door that says the property is not fit for human habitation and nothing can be removed from the premises, including the sign on the door.

"We allow them to take very personal belongings and some clothes, but no furniture or draperies," said Marc Nelson, St. Joseph County's environmental health manager. "We take a strong stance, especially if children are involved."

How quickly the health department responds depends on how constrained the department is, Mojonnier said.

"Health departments are independent entities who operate under their own county," he said. "The state doesn't run it, and they have to look at their own budget and priorities." * * *

Travis Howell, 22, and his wife, Elisha Dawn Coombs-Howell, 23, of Argos, were both charged with dealing in meth, a Class B felony and possession of meth, a Class D felony. Both will be represented by a public defender.

Patel has received a testing and cleanup quote for $3,000.

"Why will the government pay their bill and not ours?" Patel wondered.

Mojonnier said he knew of no government funding available to cover the expense.

Posted by Marcia Oddi on May 27, 2009 08:32 AM
Posted to Environment | Indiana Law