Resources for Property Owners

Rules for Inspection and Cleanup of Property

There are rules under title 410 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 410, Article 38. Inspection and Cleanup of Property Contaminated with Chemicals Used in the Illegal Manufacture of a Controlled Substance.

410 IAC 38 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 410 IAC 38

• The property owner must either hire a Qualified Inspector to test and, if necessary, decontaminate and re-test the property to certify that it has been decontaminated to the clearance 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 notify the local health department that demolition will be conducted at the specific location, obtain any required local permits, and use the Notification of Demolition form to document that the property was demolished and the debris removed to a licensed landfill.
• 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.
• The property owner must work in tandem with the Environmental Health Specialist of the county in which the property is located to ensure that once the property is properly decontaminated, the local health department can lift its unfit for human habitation order.

Qualified Inspectors can be found on the IDOH Qualified Inspector 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 the 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 Department of Health (IDOH), 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 the 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, IDOH 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.

IDOH 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 section of the Seller's Residential Real Estate Sales Disclosure State Form 46234 (R6 / 6 - 14).

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 Clan 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) was received from IDOH;
• 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 on 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 cleared by submission of form 53276 to IDOH, the local health department and the ISP prior to the initial 180-day wait period expiring;
• The lab was seized on December 31, 2006, or before.

The Drug Enforcement Agency maintains the National Clandestine Laboratory Register.  Properties are registered once the DEA receives the EPIC report from ISP.  Properties are not removed from the Register.

IDOH maintains a list reflecting those properties that have met the final cleanup level of the final level of ≤ 0.5 µg/100 cm² or have been demolished. See Cleared Properties under 410 IAC 38.

For answers to Frequently Asked Questions and other resources, please see the Resources page.