Health: Environmental Public Health: Program Overview and Resources

The number of clandestine or illegal drug labs in Indiana has steadily increased through the years, posing a serious danger to Hoosiers. In addition to exposure to potentially dangerous chemicals, threats to the public include criminal activity, drug proliferation, immediate hazmat threats (explosions, fires, chemical burns, vapors), and persistent residual contamination.

To address these threats, the Indiana General Assembly enacted Public Law 192-2005 which

regulated further the sale of products containing ephedrine or pseudoephedrine;
extended the definition of environmental contaminant to include chemicals used in the illegal manufacture of a controlled substance or its immediate precursor(s);
required all law enforcement agencies to report meth labs to the Indiana State Police, local health department and local fire department following the termination of operation; and
required the Indiana Department of Environmental Management to maintain a list of persons qualified to inspect and clean property polluted by a contaminant and to adopt regulations to prescribe the inspectors' qualifications.

Thereafter, that agency promulgated Indiana Department of Environmental Management: Inspection and Cleanup of Property Contaminated with Chemicals Used in the Illegal Manufacture of a Controlled Substance, 318 Indiana Administrative Code, which was formally adopted in February 2007 and readopted in its entirety in August 2013. In 2017, the Indiana General Assembly transferred the Qualified Inspector program to the Indiana Department of Health, and in 2018, 318 IAC 1 was transferred to 410 IAC 38.

How the System Works

The agencies involved in the process include the Indiana State Police Drug Enforcement Section, the Local Health Departments, the Indiana Department of Health, and when children are present, the Department of Child Services.

The Indiana State Police Drug Enforcement Section:

proactively suppresses illegal drug lab activity;
investigates suspicious illegal drug lab activity;
uses enforcement, education and partnerships to suppress illegal drug production;
removes labs, bulk chemicals, reactions, and paraphernalia that pose an immediate threat to public safety and the environment;
collects evidence; and
maintains a database containing Clandestine Lab Addresses that reflect properties in which ISP has found labs, bulk chemicals, reactions, precursors or paraphernalia, but has not been decontaminated by the owner.

The Local Health Departments under Ind. Code 16-41-20:

protect public health by ensuring that the contaminated properties remain vacant until they are properly tested and decontaminated;
review Indiana State Police Occurrence Reports to determine the extent of issues and whether illegal manufacturing occurred;
declare property unfit for human habitation under IC 16-41-20-1 or public nuisance under IC 16-41-20-6 and issue an abatement order under IC 16-41-20-7 to the property owner to address the issues;
Liaises with the Qualified Inspector while they're addressing the property's issues and with IDOH for any issues arising from the testing and decontamination of the property; and.
release the property once the Qualified Inspector has provided sufficient documentation to reflect that the decontamination has been properly addressed.

The Qualified Inspectors:

are qualified by the Indiana Department of Health under 410 IAC 38 et seq. to address the potential contamination of the property; and
are hired by property owners to test to determine contamination levels and, if necessary, decontaminate and certify the property as ready to be reoccupied or sold.

The Indiana Department of Health, Environmental Public Health Division:

trains and regulates the Qualified Inspectors;
maintains the list of Qualified Inspectors;
consults with and provides technical assistance to Local Health Departments;
consults with and provides technical assistance to the Qualified Inspectors;
ensures that the Qualified Inspectors comply with 410 IAC 38; and
serves as a repository for the documentation of the decontaminated properties connected to illegal drug labs.

The Indiana Department of Child Services:

If a child was present, or not present but evidence suggested they resided or visited often at the property where an illegal drug lab was found, the Indiana State Police contacts the Indiana Department of Child Services so that it may initiate an investigation into the child's welfare.

ensures implementation and fulfillment of the Indiana Drug Endangered Children Response Protocol; and
develops policies and provides health care payment codes and additional resources.

If fire and/or explosion occurred at the property, the local fire departments will be involved as well.

Indiana Links

Indiana Environmental Health Association

Related Indiana Statutes

IC 4-3-22 Office of Management and Budget
IC 4-22-2 Adoption of Administrative Rules
IC 4-22-2.1, Rules Affecting Small Businesses
IC 5-2-14 Methamphetamine Abuse Task Force
IC 5-2-15, Methamphetamine Lab Reporting
IC 6-1.1-24 Sale of Real Property When Taxes or Special Assessments Become Delinquent
IC 10-11-2-31 Methamphetamine Reporting Guidelines
IC 10-11-8 Retailer Education Program
IC 13-25-3, Responsible Property Transfer Law
IC 25-34.1 Real Estate Brokers and Salespersons
IC 32-21-5-7.2 Residential Real Estate Sales Disclosure
IC 32-21-6 Psychologically Affected Properties
IC 32-21-11, Responsible Property Transfer Law
IC 32-30-8 Actions for Drug Nuisances
IC 32-31-4 Moving and Storage of Tenant’s Property
IC 35-48-1 Controlled Substances Definitions
IC 35-48-2 Controlled Substances: Classification of Drugs
IC 35-48-4 Offenses Relating to Controlled Substances
IC 36-7-9 Unsafe Building Law