Cal. Civ. Code § 410-38-3-5
Decontamination by the owner of the contaminated property
Operative Text
Sec. 5. (a) The owner of a contaminated property shall not decontaminate property controlled by that person unless the decontamination is done under the supervision of a qualified inspector. (b) The owner of a contaminated property shall not issue a certificate of decontamination under 410 IAC 38-5-9 for property owned or controlled by that person.
Under 410 IAC 38 § 410-38-3-5, a property owner who has contaminated property cannot carry out decontamination work on their own property unless a qualified inspector is actively supervising the process. Additionally, that same owner is prohibited from self-certifying the decontamination by issuing a certificate of decontamination under 410 IAC 38-5-9 for property they own or control. These rules create an independent oversight requirement, separating the responsible party from the authority to declare the cleanup complete.
Plain English — not legal advice.
Property owners subject to 410 IAC 38 § 410-38-3-5 are generally expected to engage a qualified inspector to oversee any decontamination work on their contaminated property rather than conducting unsupervised remediation. Compliant operators also refrain from self-issuing a certificate of decontamination under 410 IAC 38-5-9, ensuring that the certification comes from an independent, qualified party. Maintaining documentation of inspector involvement and third-party certification is a standard practice for demonstrating compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 410 IAC 38 § 410-38-3-5, tenants living in or near a contaminated property have an interest in knowing that any decontamination must be supervised by a qualified inspector and that the property owner cannot self-certify the cleanup through a certificate of decontamination under 410 IAC 38-5-9. If a tenant has reason to believe decontamination was performed without proper oversight or that a certificate was improperly self-issued, they may consider contacting Indiana's relevant state health or environmental agency to raise a concern. Tenant-rights organizations and legal aid resources can help tenants understand what documentation they are entitled to review and what avenues exist for raising a potential violation of this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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