Resources for Property Owners

Rules for Inspection and Cleanup of Property

 

There are rules under title 318 of Indiana's Administrative Code that property owners must follow to address the potential issues affecting property having been impacted by the manufacture of illegal drugs:  Title 318, Article 1. Inspection and Cleanup of Property Contaminated with Chemicals Used in the Illegal Manufacture of a Controlled Substance.

318 IAC 1 et seq.:

  • Applies to multiple types of drug labs, including Methamphetamine, Amphetamine, Ephedrine, Pseudoephedrine, Methcathenon, Lysergic acid diethylamide (LSD), 3,4-methylenedioxy-methamphetamine (MDMA or Ecstasy), Phencyclidine (PCP) and Gamma hydroxybutyrate (GHB);
  • Requires owners of contaminated property that was used for illegal drug manufacture to clean up the property before continuing to occupy, use, reoccupy, or sell the property.
  • Provides for decontamination of the property or removal of all potentially contaminated material, demolition of a structure, disposal of a vehicle, and destruction and disposal of a watercraft as options to clean up contaminated property.
  • Set standards for inspection, decontamination, and/or removal of contaminated property.
  • Prescribes methods for sampling and testing the contaminated property.
  • Sets criteria for persons to become listed on the qualified inspector list.
  • Requires the qualified inspector to provide a certificate that shows the property has been properly decontaminated.
  • Sets criteria for persons to become listed on the qualified inspector list.
  • Establishes the duties of a demolition contractor in the event the contaminated property has to be demolished.

 

Responsibility of the Property Owner Under 318 IAC

  • The property owner must either hire a Qualified Inspector to test and, if necessary, decontaminate and re-test the property and certify that it has been decontaminated to the final level of ≤ 0.5 µg/100 cm2  before continuing to occupy or use the property or transferring any interest in the property to another person.  Only a Qualified Inspector may issue a Certificate of Illegal Drug Lab Cleanup.
  • In lieu of testing and decontamination, the contaminated property may be demolished and/or disposed of in a licensed landfill. A person who acts as a demolition contractor must use the Notification of Demolition form to notify the local health department that demolition will be conducted at a specific location.
  • The property owner’s responsibility applies to real property, homes, mobile homes, apartment buildings, vehicles, watercraft, outbuildings, other contaminated structures and soil.
  • The property owner is responsible for all testing, decontamination, cleanup, and/or demolition costs. Owners may wish to check with their insurance carrier to see if it will cover some or all of the costs.

Qualified Inspectors may be found on Qualified Inspectors' list  and are required to

  • Review the Indiana State Police (ISP) Lab Occurrence Report.
  • If no ISP report exists, consult with the law enforcement agency that terminated the lab and local health department to determine the types of chemicals used.
  • Conduct an initial assessment, using U.S. EPA Method 8270C or equivalent method or practice to determine the types and levels of chemicals used and the scope and extent of contamination for the entire structure, HVAC within the structure, areas outside the structure, and the sewage disposal system.
  • Notify, in writing, the local health department, the Indiana State Department of Health (ISDH), and the Drug Lab Cleanup Program, the date decontamination will be conducted.
  • Supervise decontamination, including septic system and or sewage disposal system.
  • Notify the company or individual who pumps septic system of possible hazards.
  • Inspect the property when decontamination is complete or if the initial assessment indicates decontamination is not required.
  • Complete the Certificate of Illegal Drug Lab Cleanup and send it to the local health department, ISDH, and the owner.
  • Dispose or arrange for disposal of wastes in accordance with 329 IAC 3.1 (hazardous wastes), 327 IAC 7.1 (septic system wastewater), and 329 IAC 10 (all other wastes).

Note:  Qualified inspectors will not certify work they did not do themselves or have agreed for the property owner to do under their supervision.

ISDH does not:

  • Endorse any specific company or Qualified Inspector.
  • Regulate or control fees for testing, cleanup or inspection services.

If you experience issues with a qualified inspector, such as a failure to perform duties required by the rule, contact the Drug Lab Cleanup Program.

 

 

 

 

Responsibility of Property Owner under 876 IAC 9-1-2:  Disclosure to Potential Buyers

In 2014, the Indiana General Assembly enacted P.L. 18-2014 which requires the property owner to disclose contamination related to controlled substances, including methamphetamine.  Sellers are required to disclose this information under the Hazardous Conditions of State Form 46234 (R6 / 6 - 14)

 

Additional Information:  Property Lists

The State of Indiana maintains lists for both properties that are affiliated with illegal drug manufacturing and that have been decontaminated and/or demolished.  The Indiana State Police maintain a list of Clandestine Lab Addresses.  Clandestine Labs listed on this website fit the following criteria:

  • At least 180 days have passed since the seizure of the lab by law enforcement, if the address is a “property” as defined by IC 5-2-6-19(b);
  • Locations not defined as “property” will be listed approximately 30 days after the seizure of the lab;
  • It has been no more than 90 days since the approval of the Qualified Inspector’s Certificate of Illegal Drug Lab Cleanup (form 53276) received from ISDH;
  • The lab was reported to the Indiana State Police (ISP) either through an ISP criminal incident report or via EPIC 143 report submission by another police agency;
  • The lab was seized January 1, 2007, or after.

Clandestine labs not listed on this website may fit the following criteria:

  • The lab was not reported to the Indiana State Police;
  • It has not been 180 days since the seizure of the lab on a “property” as defined by IC 5-2-6-19(b);
  • A “property” was certified clean by submission of form 53276 to IDEM and the ISP prior to the initial 180 day wait period expiring;
  • The lab was seized December 31, 2006, or before.

If it has been disclosed through a real estate transaction that a clandestine lab was on the property for sale but the address is not listed on the website, contact the ISP Meth Suppression Section at 317-234-4591 or 1-877-MSS-METH. ISP can advise the property owner whether the property was delisted after cleanup or if a lab was never reported to the Indiana State Police for that location.

The Indiana State Department of Health maintains a list reflecting those properties that have met the final cleanup level of final level of ≤ 0.5 µg/100 cm2  or have been demolished.  The Cleared Properties as of April 2018.xls list is available on-line and updated monthly.

 

Additional Links: