Cal. Civ. Code § 410-38-3-2
Cleanup required
Operative Text
Sec. 2. (a) The owner of the contaminated property shall clean up the contaminated property as required by this article before: (1) continuing to occupy or use the property; (2) reoccupying or reusing the property; (3) allowing the property to be reoccupied or reused; or (4) transferring any interest in the property to another person. (b) The owner of the contaminated property may use any of the following to clean up the contaminated property: (1) Decontamination of the property or removal of all potentially contaminated material. (2) Demolition of a structure. (3) Disposal of a vehicle (4) Destruction and disposal of a watercraft.
Under 410 IAC 38 § 410-38-3-2, when a property is classified as contaminated, its owner must complete a qualifying cleanup before the property is occupied, reoccupied, reused, or transferred to another party. The rule specifies several acceptable cleanup methods, including decontamination, removal of contaminated material, demolition of structures, or disposal or destruction of vehicles and watercraft. The provision applies regardless of whether the owner intends to continue using the property personally or to pass ownership or use rights to someone else.
Plain English — not legal advice.
Property owners subject to 410 IAC 38 § 410-38-3-2 are generally expected to complete an approved remediation method before resuming operations, allowing tenants or others back onto the site, or conveying any ownership interest. Compliant operators typically document which cleanup method was used—whether decontamination, material removal, demolition, or vehicle or watercraft disposal—and confirm that it satisfies the article's requirements before any transfer or reoccupancy occurs. Owners who are considering selling or leasing a property with a contamination history should be aware that the cleanup obligation must be fulfilled prior to any such transaction under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 410 IAC 38 § 410-38-3-2, tenants and prospective occupants have an interest in knowing that a property owner is prohibited from allowing reoccupancy of a contaminated property until a qualifying cleanup has been completed. If a tenant believes a landlord has permitted reoccupancy of a contaminated property without completing the required remediation, that concern can be raised with the relevant Indiana state environmental or health authority, or brought to the attention of a tenant-rights organization familiar with Indiana law. Tenants may also wish to review any disclosures related to property contamination history, as the cleanup requirement under this section applies before any reoccupancy is permitted.
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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