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17.74.504    DEFINITIONS

For the purposes of this subchapter, unless the context clearly indicates otherwise, the following terms have meanings indicated below and are supplemental to the definitions in 75-10-1302, MCA:

(1) "Assessment plan" means a department-approved plan, using sampling to identify the presence or extent of potential contamination of an inhabitable property from the manufacture of methamphetamine or by smoke from the use of methamphetamine. The actions taken to implement this plan include site assessment or final assessment dependent on the timing of the assessment and the outcome of the sampling.

(2) "Certificate" means a department-issued written approval under this subchapter.

(3) "Certificate of fitness" means a certificate issued for a particular inhabitable property by the department confirming that the property has been properly remediated to the standards provided in ARM 17.74.505.

(4) "Certified methamphetamine cleanup contractor" means a person who has been issued an inhabitable property decontamination certificate under this subchapter.

(5) "Certified training provider" means a person to whom the department has issued an inhabitable property decontamination training provider certificate under this subchapter.

(6) "Closure letter" means documentation issued by the department indicating that a potentially contaminated inhabitable property was disposed of in a manner that is at least as stringent as ARM 17.74.505, the structure will not be inhabited in the future, and public health, safety, and welfare will be adequately protected. 

(7) "CML" means a contaminated methamphetamine drug lab.

(8) "Contaminated" or "contamination" means polluted by hazardous chemicals from a CML or from smoke from the use of methamphetamine so that the inhabitable property may be unfit for human habitation or use due to immediate or long-term hazards from such contamination. Inhabitable property that at one time was contaminated but has been decontaminated or disposed of in conformance with the requirements of this subchapter, is not considered contaminated once the department issues a certificate of fitness or closure letter for the property.

(9) "Decontaminated" or "decontamination" means the process of reducing levels of methamphetamine from a CML or from smoke from the use of methamphetamine affecting inhabitable property to the level established in ARM 17.74.505. A property is considered decontaminated when the department issues either a certificate of fitness or closure letter for the property.

(10) "Final clearance plan" means a plan submitted to the department by a certified methamphetamine cleanup contractor to collect representative samples and conduct a visual inspection of decontaminated areas to verify that the methamphetamine decontamination standard is met.

(11) "Inhabitable property" has the meaning provided in 75-10-1302, MCA.

(12) "Initial course" means a training course approved by the department for initial certification of certified methamphetamine cleanup contractors who perform decontamination of inhospitable properties.

(13) "Methamphetamine" means dextro-methamphetamine, levo-methamphetamine, any racemic mixture of dextro/levo-methamphetamine, or any mixture of isomers of methamphetamine.

(14) "Owner" means a person who has legal title to inhabitable property that is contaminated by a clandestine methamphetamine drug lab or by smoke from the use of methamphetamine.

(15) "Person" means an individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state or state agency, municipality, commission, political subdivision of a state, or any interstate body.

(16) "Refresher course" means a department-approved training course to renew certification for previously certified methamphetamine cleanup contractors.

(17) "Wipe sample" means a surface sample collected by wiping a sample medium on surface materials in accordance with common industry standards and the requirements of this subchapter.

(18) "Work plan" means a plan submitted to the department by a certified methamphetamine cleanup contractor to describe methods and means to decontaminate an inhabitable property and dispose of the waste stream, based on the assessment plan.

(19) "Working day" means Monday through Friday and includes holidays that fall on working days.


History: 75-10-1304, MCA; IMP, 75-10-1304, MCA; NEW, 2006 MAR p. 1042, Eff. 4/21/06; AMD, 2014 MAR p. 2651, Eff. 10/24/14; AMD, 2022 MAR p. 1812, Eff. 9/24/22.

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