Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.504 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
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 a an inhabitable property
				decontamination certificate under this subchapter.
(5) "Certified training provider" means a
				person to whom the department has issued a 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
				inhabitable 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.
AUTH:
					 75-10-1304,
					 MCA; IMP:
					 75-10-1304,
					 MCA