410 Ind. Admin. Code 38-5-1

Current through November 6, 2024

Section 410 IAC 38-5-1 - Duties of a qualified inspector

Authority: 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 16-19-3.1

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.

410 IAC 38-5-1

Errata filed 6/22/2018, 10:19 a.m.: 20180704-IR-410180270ACA

Readopted filed 11/13/2019, 3:14 p.m.: 20191211-IR-410190391RFA

Errata filed 7/28/2021, 3:27 p.m.: 20210811-IR-410210332ACA

Transferred from the Department of Environmental Management ( 318 IAC 1-5-1) to the Indiana State Department of Health ( 410 IAC 38-5-1) by P.L. 111-2018, SECTION 17, effective July 1, 2018.