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Senate of Pennsylvania
Session of 2019 - 2020 Regular Session


Posted: December 6, 2018 01:36 PM
From: Senator Gene Yaw and Sen. Patrick M. Browne
To: All Senate members
Subject: Methamphetamine Contaminated Property Act
In the very near future, we will be re-introducing legislation (SB 603 of the 2017-18 Session) which would require the owner or lessor of real property to disclose that the property was used as a location to manufacture methamphetamine. Our legislation will also set up a decontamination protocol in coordination with law enforcement and the Department of Health to insure that all real property used in the production of methamphetamine is properly decontaminated before the property can be sold or inhabited. This legislation also includes a provision that would provide immunity for real estate professionals if the owner or lessor failed to disclose this information.

Methamphetamine production in Pennsylvania continues to pose a threat to our communities. The manufacture of methamphetamine can create as much as 10 pounds of toxic waste for every pound of drug produced. Very often, this waste is disposed of on-site, posing a threat to local water wells and streams. Currently, there is protocol in place to decontaminate the environment surrounding a structure if there is evidence that chemical waste was disposed of. However, no such protocol exists for decontaminating the interior of a structure which was used in the production of methamphetamine.

Precursor chemicals threaten the health of individuals occupying a structure that was formerly used for methamphetamine production even after the toxic drug making materials are removed. The precursor chemicals used during production adhere to walls and floors and will also find their way into the air ducts within a structure. This residual contamination is not usually visible but poses a great hazard to anyone who spends time in this enclosed environment. Unless the structure has been thoroughly decontaminated, residual chemicals will remain in the structure and can pose a serious health risk to people living there. Exposure to these toxic chemicals can result in severe respiratory and nervous system ailments.

We hope that you will join us in co-sponsoring this legislation.

Introduced as SB80