Cal. Civ. Code § 410-38-5-3
Contamination outside a contaminated structure
Operative Text
Sec. 3. If the assessment required by section 1(3) of this rule indicates that contamination exists outside the contaminated structure, the qualified inspector shall: (1) remove all contaminated material, including soil; (2) dispose of all contaminated material and soil in accordance with 329 IAC 10; and (3) document removal in the certificate of decontamination issued under section 9 of this rule.
Under 410 IAC 38 § 410-38-5-3, when an assessment reveals that contamination has spread beyond the walls of a contaminated structure to the surrounding exterior area, a qualified inspector is required to take specific remediation steps. Those steps include physically removing all contaminated material and soil, disposing of that material in compliance with Indiana's solid and hazardous waste rules under 329 IAC 10, and formally recording the removal in a certificate of decontamination. This provision ensures that exterior contamination—such as from methamphetamine manufacturing—is fully addressed and documented before a property can be cleared.
Plain English — not legal advice.
Property owners and managers dealing with a contaminated structure in Indiana should be aware that 410 IAC 38 § 410-38-5-3 extends remediation obligations beyond the building itself if exterior contamination is found. A compliant operator typically ensures that the qualified inspector they engage is prepared to assess, remove, and properly dispose of any contaminated soil or material found outside the structure. Operators also generally verify that the certificate of decontamination issued under section 9 of this rule accurately reflects all exterior removal work that was performed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 410 IAC 38 § 410-38-5-3, tenants have an interest in knowing that if contamination is found outside a structure they occupy or are considering occupying, the law requires a qualified inspector to remove all contaminated exterior material and soil and document that work in a certificate of decontamination. Tenants can request to review the certificate of decontamination to confirm that exterior remediation was completed and documented as required. Those with concerns about whether this provision has been followed may contact the Indiana State Department of Health or consult a tenant-rights organization for guidance on available options.
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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