Section 410 IAC 38-2-8 - "Contaminated property" definedAuthority: IC 4-22-2; IC 16-19-3.1-1; IC 16-19-3.1-4; IC 35-48-4
Affected: IC 5-2-15; IC 6-6-5-1; IC 9-13-2-196; IC 9-13-2-198.5; IC 10-11-8-2; IC 13-11-2-42; IC 16-19-3.1; IC 36-7-9
Sec. 8.
(a) "Contaminated property" means real property, a vehicle as defined in IC 9-13-2-196, a mobile home as defined in IC 6-6-5-1, or a watercraft as defined in IC 9-13-2-198.5 that has been used for the illegal manufacture of a controlled substance.(b) For an apartment building, multifamily dwelling, condominium, hotel, or motel, the term is limited to the unit that was identified by the law enforcement agency as having been used for the illegal manufacture of a controlled substance if all of the following are true:(1) The entry to the unit is located on the:(A) outside of the structure; or(B) interior of the structure and is closed by a fire door assembly.(2) The unit has no other opening to another unit or space.(3) The heating, ventilating, and air conditioning system for that unit is enclosed within that unit and is separate from the heating, ventilating, and air conditioning system of any other unit, except for: (A) a hot water boiler that serves more than one (1) unit in the structure; or(B) an air conditioning condenser located outside the structure.(c) The property is not a contaminated property if the law enforcement agency that identifies the property as having been used for the illegal manufacture of a controlled substance determines that: (1) the process used to manufacture the controlled substance has not been started;(2) all chemicals to be used in the illegal manufacture of the controlled substance have been removed; and(3) no contamination related to the illegal manufacture of a controlled substance is present.(d) The term includes any areas outside a structure that were used for the disposal of chemicals used in the illegal manufacture of a controlled substance.(e) A property is no longer a contaminated property when the certificate of decontamination prepared under 410 IAC 38-5-9 for that property has been issued or the activities required by 410 IAC 38-6-2 have been completed.Errata filed 6/22/2018, 10:19 a.m.: 20180704-IR-410180270ACAReadopted filed 11/13/2019, 3:14 p.m.: 20191211-IR-410190391RFA Transferred from the Department of Environmental Management ( 318 IAC 1-2-8) to the Indiana State Department of Health ( 410 IAC 38-2-8) by P.L. 111-2018, SECTION 17, effective July 1, 2018.