OAR 333-040-0065: Procedures for Owners of Unfit for Use Properties

(1) The owner of property determined to be unfit for use shall: (a) Prevent by reasonable means the entry, occupancy or any use whatsoever by anyone of the property in question until the property has been issued a Certificate of Fitness or until the determination that the property is unfit for use has been reversed in writing by the determining agency or by a court of law; except that qualified contractors and regulatory agencies and their authorized agents may enter such properties for purposes of evaluation, sampling, and/or decontamination; and owners or agents of the owner may enter such properties for the purposes of decontamination when approved by the Division as set forth in section (2) of this rule; and (b) Retain a contractor to supervise the decontamination efforts, including: performing a site assessment; supervising site sampling by an independent third party as required in OAR 333-040-0130(1); submitting a work plan for Division approval; and decontaminating the property or supervising the decontamination of the property. An owner or an agent of the owner may perform the decontamination when the requirements of this subsection and the criteria of section (2) or (3) of this rule are met. (2) The Division may approve the performance of the decontamination work by the owner or an agent of the owner in accordance with subsection (1)(b) of this rule if all of the following criteria are met: (a) Methamphetamine was the only drug manufactured at the site; and (b) The method of manufacturing was the ephedrine-red phosphorus or ephedrine-sodium/lithium metal method; and (c) The manufacturing occurred after 1994; and (d) No visual or apparent evidence of manufacturing-related contamination, filth and debris, or biohazards are present; and (e) No manufacturing-related fire occurred. (3) When a contractor is proposing a demolition as a method of decontamination as set forth in section (2) of this rule, the Division may waive subsections (2)(a) through (2)(e) if: (a) Methamphetamine was the only drug manufactured; and (b) The owner or agent of the owner is prohibited from entering the structure(s) to be demolished. (4) The Division may disallow the owner or agent of the owner from performing the decontamination work when there is evidence of removal of contents or any other form of decontamination not approved by the Division. (5) An owner must do one of the following before unfit for use property can be used: provide evidence that the unfit for use property designation has been reversed on appeal; provide evidence that the property has been assessed as set forth in OAR 333-040-0070(1)(a), found not to be contaminated, and a Certificate of Fitness issued; or provide evidence that the property has been decontaminated and a Certificate of Fitness issued.