2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 18.5 - ILLEGAL DRUG LABORATORIES (§§ 25-18.5-101 — 25-18.5-110) › Section 25-18.5-103 - Discovery of illegal drug laboratory - property owner - cleanup - liability

(1)
(a)
Upon notification from a peace officer that chemicals, equipment, or supplies of an illegal drug laboratory are located on a property, or when an illegal drug laboratory is otherwise discovered and the property owner has received notice, the owner of any contaminated property shall meet the clean-up standards for property established by the board in section
25-18.5-102
; except that a property owner may, subject to paragraph (b) of this subsection (1), elect instead to demolish the contaminated property. If the owner elects to demolish the contaminated property, the governing body or, if none has been designated, the county, district, or municipal public health agency, building department, or law enforcement agency with jurisdiction over the property may require the owner to fence off the property or otherwise make it inaccessible for occupancy or intrusion.
(b)
An owner of personal property within a structure or vehicle contaminated by illegal drug laboratory activity has ten days after the date of discovery of the laboratory or contamination to remove or clean the property according to board rules and paragraph (c) of this subsection (1). If the personal property owner fails to remove the personal property within ten days, the owner of the structure or vehicle may dispose of the personal property during the clean-up process without liability to the owner of the personal property for the disposition.
(c)
A person who removes personal property or debris from a drug laboratory shall secure the property and debris to prevent theft or exposing another person to any toxic or hazardous chemicals until the property and debris is appropriately disposed of or cleaned according to board rules.
(2)
(a)
Except as specified in subsection (2)(b) of this section, once a property owner has received certificates of compliance from a contractor and a consultant in accordance with section
25-18.5-102 (1)(e)
, or has demolished the property, or has met the clean-up standards and documentation requirements of this section as it existed before August 7, 2013, the property owner:
(I)
Shall furnish copies of the certificates of compliance to the governing body and the department; and
(II)
Is immune from a suit brought by a current or future owner, renter, occupant, or neighbor of the property for health-based civil actions that allege injury or loss arising from the illegal drug laboratory.
(b)
A person convicted for the manufacture of methamphetamine or for possession of chemicals, supplies, or equipment with intent to manufacture methamphetamine is not immune from suit.
(3)
(Deleted by amendment, L. 2013.)
Amended by 2023 Ch. 326,§ 1, eff. 8/7/2023.
Amended by 2013 Ch. 293, § 1, eff. 8/7/2013.
L. 2004: Entire article added, p. 533, § 1, effective April 21. L. 2005: Entire section amended, p. 1495, § 2, effective June 9. L. 2010: (1)(a) amended, (HB 10 -1422), ch. 419, p. 2106, § 126, effective August 11. L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1566, § 1, effective August 7.
2023 Ch. 326, was passed without a safety clause. See Colo. Const. art. V, § 1(3).