Cal. Civ. Code § 410-38-5-1
Duties of a qualified inspector
Operative Text
Sec. 1. A qualified inspector shall do all of the following: (1) Review the Indiana State Police Methamphetamine Laboratory Occurrence Report prepared by the law enforcement agency under IC 5-2-15 relevant to that property. (2) Consult with the law enforcement agency that terminated the laboratory and the local health department to determine the types of chemicals used in the illegal manufacture of a controlled substance that may reasonably be expected to be present. (3) Conduct an initial assessment of the contaminated property to determine the following: (A) The types and levels of chemicals used in the illegal manufacture of a controlled substance present. (B) The scope and extent of the decontamination, if any, that will be required to achieve the final decontamination levels listed in Table 1 of section 2(d) of this rule. This assessment must cover the entire contaminated property and areas outside a structure that may have been used for disposal of chemicals used in the illegal manufacture of a controlled substance including contamination in the septic system or sewage disposal system. (4) Notify all of the following in writing that decontamination will be conducted at that location and the date that decontamination will begin: (A) The local health department. (B) Indiana Department of Health, Environmental Public Health, Room N855, 100 North Senate Avenue, Indianapolis, IN 46204. (5) Supervise decontamination of the property, including the septic system and sewage disposal system. (6) Notify the person who pumps out the septic system that the property was used for illegal manufacture of a controlled substance, including a warning about the hazards that may be expected when cleaning the septic system. (7) Follow the procedure in section 3 of this rule if contamination is found outside the structure. (8) Inspect the contaminated property in accordance with this rule: (A) when decontamination is complete; or (B) if the initial assessment required by subdivision (3) shows that decontamination is not required; to determine that the levels of contamination are below the levels listed in Table 1 of section 2(d) of this rule. (9) When the levels of contamination have been determined to be equal to or lower than the levels listed in Table 1 of section 2(d) of this rule, certify in accordance with section 9 of this rule that: (A) the property has been decontaminated; and (B) the levels of chemicals used in the illegal manufacture of a controlled substance that were found at the property are equal to or lower than the decontamination levels listed in Table 1 of section 2(d) of this rule. (10) Dispose or arrange for disposal of wastes resulting from decontamination in accordance with the following: (A) 329 IAC 3.1 for hazardous wastes. (B) 327 IAC 7.1 for wastewater from a septic system. (C) 329 IAC 10 for all other wastes resulting from decontamination.
Under 410 IAC 38 § 410-38-5-1, when a property has been identified as a former methamphetamine laboratory site in Indiana, a qualified inspector is required to carry out a comprehensive set of duties before, during, and after decontamination. These duties include reviewing law enforcement reports, consulting with relevant agencies, conducting a full initial assessment of chemical contamination, supervising the decontamination process, and ultimately certifying that contamination levels meet the standards set in Table 1 of section 2(d) of this rule. The rule also requires proper written notification to local and state health authorities and mandates that all waste generated during decontamination be disposed of according to applicable Indiana environmental regulations.
Plain English — not legal advice.
Property owners dealing with a former methamphetamine laboratory site should be aware that 410 IAC 38 § 410-38-5-1 places the operational responsibilities squarely on a qualified inspector, not the owner directly, but engaging one promptly is central to a compliant remediation process. A compliant property owner generally ensures that a qualified inspector is retained, that the inspector has access to all relevant areas of the property including septic systems and outdoor disposal areas, and that written notifications to the local health department and the Indiana Department of Health are sent before decontamination begins. Operators familiar with this rule also ensure that all waste disposal following decontamination follows the specific Indiana administrative codes referenced in subdivision (10), covering hazardous waste, wastewater, and other decontamination byproducts.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who believe they may be living in or considering renting a property formerly used as a methamphetamine laboratory should know that 410 IAC 38 § 410-38-5-1 establishes a detailed inspection and certification process designed to protect occupant health. Under this rule, a property is not considered decontaminated until a qualified inspector has assessed contamination levels, supervised cleanup, and issued a formal certification confirming that chemical levels meet the standards in Table 1 of section 2(d). Tenants who have concerns about whether this process was properly completed may consider contacting the local health department or the Indiana Department of Health, or reaching out to a tenant-rights organization for guidance on how to access inspection and certification records.
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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