2012-62 MEMORANDUM OF UNDERSTANDING
FOR PARTICIPATION IN
THE METHAMPHETAMINE CLANDESTINE DRUG LABORATORY
HAZARDOUS WASTE
CENTRAL STORAGE CONTAINER PROGRAM
1. PREFACE
A. Background
On March 29, 2012, the Florida Department of Law Enforcement (FDLE) signed an
Authorized Central Storage Program Letter of Agreement (LOA) with the United Slates
Department of Justice, Drug Enforcement Administration (DEA), which is incorporated
herein as "Exhibit 1." The LOA provided, as a condition of FDLE's participation in the
DEA Central Storage Program, that FDLE "enter into separate Agreements with its local
law enforcement agencies In order for such agencies to participate in this Authorized
Central Storage Program "
B. Purpose
The purpose of this MOU is to establish the terms and conditions under which the
Flonda Department of Law Enforcement and the undersigned, as a participating local
law enforcement agency,,will agree to Jointly assume with FDLE, the obligations set forth
herein in order to participate in the DEA Central Storage Program (hereinafter
"Program").
IL TERM OF MOU
This MOU is effective upon the date last signed and executed by the duly authorized
representatives of the parties to this MOU and shall remain in lull force and effect until
March 29, 2015.
III. RESPONSIBILITIES
A. The undersigned agency agrees that law enforcement officers employed
and assigned by the undersigned agency, acting jointly with FDLE in the
Program, will:
1 Perform the activities and duties of a "generator" of all hazardous waste that
is transported, stored, or disposed off-site from a clandestine drug laboratory,
as defined in 40 C.F.R. Parts 260, gt sea.;
2. Assure that law enforcement officers employee by the undersigned agency
and assigned to the Program have received 40 hours of Occupational Health
and Safety Administration (OSHA) training and a minimum of eight (8) hours
of RCRA/United States Department of Transportation (DOT)function-specific
training related to packaging, labeling, transporting and storing hazardous
waste,
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3 Seize, characterize, package, manage, and remove all hazardous waste
discovered at or associated with clandestine laboratories(except for evidence
or samples that are collected and maintained for investigation purposes and
the remediation of residual contamination from a clandestine drug laboratory),
4 Transport such waste to designated collection stations that have been
approved by the state for temporary storage prior to disposal,
5 Store, maintain, and secure only clandestine laboratory-related hazardous
waste in state-approved collection stations,
6 Inventory and label all hazardous waste stored in the collection stations in
proper containers according to the clandestine laboratory or location from
which the hazardous waste was generated (mventones must include date.
time,and location of seizure),
7 Designate, rf requested by FDLE, properly trained and equipped law
enforcement officers to serve as collection station Operators for the purpose
of accepting or declining hazardous waste delivered to collection stations,
8 If providing law enforcement officers to serve as collection station Operators,
only accept clandestine drug laboratory-related waste when such waste has
been identified, packaged, characterized and transported to the collection
station by an individual or individuals possessing the required training,
9 Immediately report to the appropriate state or federal agency for appropriate
action, instances in which clandestine laboratory-related hazardous waste
has been packaged,transported,or stored in violation of applicable Federal,
State,or local environmental requirements,
10.Complete, if requested by FDLE, an EPIC Form 143, upon seizure of a
clandestine laboratory,and submit the information to the El Paso Intelligence
Center(EPIC)for entry into the National Seizure System(NSS),
1 t Send for, if requested by FDLE, pick up and disposal services by DEA-
designated hazardous waste contractors, by contacting the respective DEA
POC and indicating which of the containers contain waste,
12 Carry out the tasks set out in paragraphs 1-8 above in compliance with all
applicable Environmental Protection Agency (EPA), OSHA, and DOT
authorizing statutes and regulations, as well as State of Flonda and local
restrictions;
13 Assign personnel to the tasks set out in 1-8 above who have received all
necessary training and equipment under applicable Federal, state and local
requirements,including,but not limited to,the training specified in paragraph
2 above,solely at the responsibility of their personnel to the extent possible,
14 Carry out the tasks set out in paragraphs 1-8 above in compliance, where
applicable with requirements and storage quantity and time limits for a
2015
hazardous waste Conditionally Exempt Small Quantity Generator (CESQG),
as defined in EPA's regulations at 40 CFR Part 261 5,
15 Immediately notify a FDLE POC or personnel of the local DEA office to
request the cleanup services of a DEA hazardous waste contractor whenever
hazardous waste is discovered at the site of a clandestine laboratory in
excess of the CESQG exemption levels, including waste which qualifies as
"acutely hazardous waste"under RCRA,
16 Carry out the tasks set out in paragraphs 1-8 above in a way that protects
human health and the environment and prevents a public nuisance,
17 Permit DEA, upon reasonable notice, to inspect container storage locations
and have available for examination by DEA or any of its duly authorized
agents and representatives, any and all investigative reports, records,
rnventones,and documents required to be maintained by the LOA;and
18 Maintain all such foregoing reports and records until all examinations are
completed and resolved,or for a period of three(3)years after termination of
the LOA,whichever Is sooner
• B. FDLE agrees to perform the following actions:
1 Assume the responsibility of coordinating the administration of the Program in
Florida with DEA,
2 Assume the responsibility o'coordinating the participation of Florida local law
enforcement agencies in the Program,
3 Facilitate delivery of the approved OSHA training and RCRA/DOT function-
specific training related to packaging, labeling, transporting and storing
hazardous waste:
4. Ensure compliance with the terms of the LOA with DEA;
5 Assist in placing and securing hazardous waste in designated collection
stations,
6 Coordinate response and assistance by DEA-designated hazardous waste
contractors in instances an which hazardous waste is discovered at a
clandestine laboratory site in excess of the CESQG exemption,and
7 Request pick-up and disposal services, when needed, with DEA-designated
hazardous waste contractors
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VI. GENERAL PROVISIONS
A. Amendments*
Either party may request changes to this MOU Any changes, modifications,
revisions or amendments to this MOU which are mutually agreed upon by and
between the parties to this MOU shall be incorporated by written instrument,and
shall be effective when executed and signed by aft parties to this MOU
B. Costs and Liability-Related Issues
1 To the extent the Federal Tort Claims Act, 28 U S C §§2671-2680 may not
be applicable, each party to this MOU agrees to assume its own liability and
responsibility for the acts,omission,or conduct of such Party's own employee
while such employees are engaged in Program actnntiesfindrabves, and shall
remain responsible for the compensation, retirement, workers compensation
and other benefits accruing to the benefit of said participating employees
2 Each party to this MOU agrees to furnish necessary personnel, property
(including personal protective equipment), police equipment, vehicles, and
resources in order to effect the purposes of the MOU,and agrees to bear the
cost of loss or damage to its equipment,vehicles or property so provided and
must pay any expense incurred in the operation and maintenance of that
equipment
3 The Parties understand and agree that they will be responsible for their own
liability and bear their own costs with regard to their property and resources,or
personnel expenses incurred by reason of death,injury or incidents giving nse
to potential liability
C. Sovereign Immunity
This MOU shall not be construed as a waver of sovereign immunity by the
undersigned agency,the Ronda Department of Law Enforcement,or the State of
Florida, and each fully retains all immunities and defenses provided by law with
respect to any action based on or occurring as a result of this MOU
D. Entirety of Agreement
This MOU, consisting of five (5) pages plus attachments, represents the entire
and mtegrateo agreement between the parties and supersedes all prior
negotiations,representations and agreements,whether written or oral
IN WITNESS WHEREOF,the authorized representatives of the Parties hereto sign on the date
specified
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Party's Acceptance of Memorandum of Understanding
for Participation in the Methamphetamine Clandestine Drug Laboratory
Hazardous Waste Central Storage Container Program
For he Pion•b: De tart ent of Law Enforcement(FDLE)
Gerald ,/'r'ey, 'mmissloner
Executive Director,Florida Department of Law Enforcement
1 'S°• !L
Date
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{
Party's Acceptance of Memorandum of Understanding
for Participation in the Methamphetamine Clandestine Drug Laboratory
Hazardous Waste Central Storage Container Program
For the Name of participating agency. ;�, , , 1 f ; 1 ; t )( )
(Agency)
(Signature) - ----C Cl l (t- 1: /C (;
(Printed Name)
(Title)
(Date) ---------- --- ------------ -
Clermont Police Department
Intenm Chief of Police
Charles L Broadway
Ceetom- L
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