Cal. Civ. Code § 410-38-1-1
Applicability
Operative Text
Sec. 1. This article applies to the following: (1) The owner of a contaminated property as defined in 410 IAC 38-2-18. (2) A person who applies to be listed or who is listed by the department as qualified to inspect and clean up contaminated property. (3) A person who cleans up contaminated property under this article. (4) A county that takes possession of a contaminated property in accordance with IC 6-1.1-25-4.1.
Indiana Administrative Code 410 IAC 38 § 410-38-1-1 establishes the scope of Article 38, which governs contaminated property in Indiana. The rule applies to four categories of parties: owners of contaminated property as defined elsewhere in the article, individuals or entities seeking or holding department-approved inspector/cleanup qualifications, those who actually perform cleanup work under the article, and counties that acquire contaminated property through tax-sale proceedings. Any party falling into one of these categories is subject to the full requirements of Article 38.
Plain English — not legal advice.
Property owners who hold or acquire contaminated property in Indiana fall directly within the scope of 410 IAC 38 § 410-38-1-1 and are therefore subject to all obligations set out in Article 38. Compliant operators typically confirm whether their property meets the definition of 'contaminated property' under 410 IAC 38-2-18 and maintain awareness of any department requirements that flow from that status. Owners who engage third-party contractors for inspection or cleanup work generally verify that those contractors hold the appropriate department qualifications referenced in this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants residing on or near property that may qualify as contaminated under Indiana's Article 38 should be aware that 410 IAC 38 § 410-38-1-1 places obligations on property owners, qualified inspectors, cleanup contractors, and certain counties — not on tenants themselves. Understanding which parties are covered by this rule can help tenants identify who bears responsibility for addressing contamination concerns. Tenants seeking more information about their rights in relation to contaminated property may consult the Indiana State Department of Health, a local tenant-rights organization, or an attorney familiar with Indiana housing and environmental law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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