Section 410IAC32-1-72. "Soil-lead hazard" defined

   (a) "Soil-lead hazard" means bare soil on residential real property or on the property of a child-occupied facility that contains total lead equal to or exceeding four hundred (400) parts per million in a play area or average of one thousand two hundred (1,200) parts per million of bare soil in the rest of the yard based on soil samples.

  (b) A soil-lead hazard is present:

(1) in a play area when the soil-lead concentration from a composite play area sample of bare soil is equal to or greater than four hundred (400) parts per million; or

(2) in the rest of the yard when the arithmetic mean lead concentration from a composite sample or composite samples of bare soil from the rest of the yard, including nonplay areas, for each residential building on a property equal to or greater than one thousand two hundred (1,200) parts per million.

  (c) If the soil is removed, it shall:

(1) be replaced by soil with a lead concentration as close to local background as practicable, but not greater than four hundred (400) parts per million; and

(2) not be used as top soil at another residential property or facility.

  (d) If the soil-lead hazard is equal to or exceeds five thousand (5,000) parts per million, the soil-lead hazard must be remediated using an abatement activity. (Indiana State Department of Health; 410 IAC 32-1-72; filed Sep 10, 2003, 4:24 p.m.: 27 IR 465; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-60.6) to the Indiana State Department of Health (410 IAC 32-1-72) by P.L.57-2009, SECTION 17, effective July 1, 2009.