For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTAMINANT. Any solid, semi-solid, liquid or gaseous matter, odor or any pollutant from the manufacturing of methamphetamine, an immediate precursor of the controlled substance, or a waste produced from the illegal manufacture of a controlled substance, that:
(1) Is injurious to human health, plant or animal life, or property; or
(2) Interferes unreasonably with the enjoyment of life or property.
CONTAMINATED PROPERTY. Single-family dwellings, multiple family dwellings, hotels, motels, mobile homes, any other residential structure or vehicle which has been used for the production of methamphetamine. A CONTAMINATED PROPERTY shall be construed to also mean its lot, outbuildings or other accessories.
CONTAMINATED SITE. Open or vacant real estate which has been used for the production of methamphetamine including, but not limited to, wooded areas and fields.
DECONTAMINATE.
(1) The removal of contaminants, by a qualified inspector, from the manufacture of methamphetamine, an immediate precursor of the controlled substance or a waste produced from the illegal manufacture of a controlled substance from a waste produced from the illegal manufacture of a controlled substance from a contaminated property.
(2) DECONTAMINATION may include either or all of the following:
(a) Reduction of the level of chemicals used in the manufacture of methamphetamine to or below the final decontamination levels listed in 318 I.A.C. 1-5-2;
(b) Removal of all potentially contaminated materials under 318 I.A.C. 1-5-4;
(c) Demolition of a structure under 318 I.A.C. 1-6; and/or
(d) Removal of materials under 318 I.A.C. 1-5-3 and replacement with like material at or below the final decontamination levels listed in 318 I.A.C. 1-5-2.
DECONTAMINATE PLAN. A plan that documents the following:
(1) The name and contact information of the qualified inspector hired to decontaminate the property/site;
(2) Time frame for the decontamination; and
(3) How the decontamination will be handled.
HEALTH DEPARTMENT. The Putnam County Health Department.
INSPECTION. All activities required to determine if the contaminated property meets decontamination levels or to confirm that decontamination is not required.
LAW ENFORCEMENT AGENCY. The law enforcement agency whose principal function is the apprehension of criminal offenders and which has jurisdiction over the contaminated property.
MANUFACTURE. Has the meaning set forth in I.C. 35-48-1-18.
METHAMPHETAMINE ACTIVITY. The manufacturing or use of methamphetamine.
OWNER. Either of the following:
(1) A person having an ownership interest in the contaminated property or contaminated site; or
(2) An agent of the person having an ownership interest in the contaminated property or contaminated site.
PERSON. An individual, a partnership, limited liability company, corporation, firm, a joint stock company, a trust, an estate or any other legal entity.
PUBLIC HEALTH OR ENVIRONMENTAL HAZARD. Any activity or condition that adversely affects the public health or environment.
QUALIFIED INSPECTOR. A person who has been placed on the Indiana Department of Environmental Management (IDEM) qualified inspector list.
(Ord. 2015-6-15, passed 6-15-2015)