Energy and Environment Cabinet

Department for Environmental Protection

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Division of Waste Management

Methamphetamine Lab Cleanup

Contractor Certification

1. Register with the cabinet. Submit the following form, Form DEP6079A Meth Contractor Application.

2. The applicant must provide a certificate of liability insurance issued by an insurance company licensed to do business in Kentucky certifying that the applicant has a public liability insurance policy in an amount of $250,000. This is for personal or property damage that might occur to third parties arising from the performance of decontamination services for inhabitable properties by the contractor as his or her employee or agents. In the event the insurance policy lapses, the applicant must provide a suitable replacement policy prior to the expiration of the existing policy. The cabinet requests that it be named as the certificate holder.

3. The applicant must provide financial assurance in the amount of $100,000 to decontaminate properties assigned Tier 1, 2 or 3 or $250,000 to decontaminate properties assigned as a Tier 4 contamination. Provide an original Form DEP6079B Surety Bond or Form DEP6079C Irrevocable Letter of Credit or Form DEP6079E Escrow Agreement or Form DEP6079F Financial Test or Form DEP6079G Corporate Guarantee along with the Form DEP6079D Performance Agreement with no additions, deletions or alterations of the language. If mistakes are made, please strike through them and initial.

4. The Form DEP6079D Performance Agreement must be signed and submitted by the registrant, which binds either the Form DEP6079B Surety Bond or Form DEP6079C Irrevocable Letter of Credit or Form DEP6079E Escrow Agreement or Form DEP6079F Financial Test or Form DEP6079G Corporate Guarantee with the cabinet.

5. Provide a Statement of Qualifications (SOQ) - current training certificates that are applicable to this type of decontamination activity. At a minimum you or your company should have individuals with Occupational Safety and Health Administration (OSHA) 40-hour Hazardous Waste and Emergency Response Operations (HAZWOPER) certification. The Kentucky Office of Occupational Safety and Health (KyOSH) considers employers whose employees perform decontamination and/or cleanup work of former methamphetamine laboratories to fall under the scope of the requiring HAZWOPER certification. This determination is supported by the provisions of 29 CFR 1926.65(a)(1) and 29 CFR 1926.65(a)(1)(iii).

6. Certify that decontamination will be performed safely and in accordance with 803 KAR 2:403 and each cleanup conducted meets the requirements as provided in the Kentucky Methamphetamine Lab Decontamination Guidance for Inhabitable Properties.

Upon registration, the cabinet shall either accept or deny the contractor's certification. The cabinet may revoke the certification of any contractor for cause and may collect the forfeited financial assurance of any contractor found to be in violation of KRS 224.01-410. Within 30 days, you must also report any changes in your registration information with the Kentucky Division of Waste Management (KDWM) such as address, financial assurance and/or liability insurance changes. Forfeited financial assurance may be used by the cabinet to decontaminate inhabitable properties. The cabinet reserves the right to use a third-party contractor to verify decontamination services of any property as it deems necessary. Failure to comply fully with the requirements of this certification and KRS 224.01-410 and 803 KAR 2:403 may result in the immediate revocation of your certification by the KDWM.

Energy and Environment Cabinet

Division of Waste Management Methamphetamine Lab Cleanup

Division of Waste Management

Methamphetamine Lab Cleanup