West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-92 - Clandestine Drug Laboratory Remediation › Section 64-92-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "AIHA" means
				the American Industrial Hygiene Association.
2.2. "Applicant" means any person who is
				applying for a license to perform the work of clandestine drug laboratory
				remediation, including technicians, contractors, and training
				providers.
2.3. "Clandestine drug
				laboratory" means the area or areas where controlled substances, or their
				immediate precursors, have been, or were attempted to be, manufactured,
				processed, cooked, disposed of or stored and all proximate areas that are
				likely to be contaminated as a result of such manufacturing, processing,
				cooking, disposing, or storing.
2.4. "Clandestine drug laboratory remediation
				contractor" means a person who enters into a contract for a clandestine drug
				laboratory remediation project.
2.5. "Clandestine drug laboratory remediation
				technician" means a person who works on clandestine drug laboratory remediation
				projects, specifies work practices to be used, conducts sampling, and is
				certified and licensed.
2.6.
				"Commissioner" means the commissioner of the West Virginia bureau for public
				health or his or her designee.
2.7.
				"Composite Sample" means the use of multiple discrete or individual samples as
				a single sample, results are calculated by dividing the laboratory result by
				the total area sampled.
2.8.
				"Controlled substance" means the same as the term defined in W. Va. Code §
									60A-1-101, as a drug,
				substance, or immediate precursor in schedules I through V of W. Va. Code
				§
									60A-2-201,
et seq
.
2.9.
				"Department" means the West Virginia department of health and human
				resources.
2.10. "Discrete Sample"
				means the use of individual 100 square centimeters
				(cm2) samples taken at individual, specific and
				discrete locations.
2.11. "EPA"
				means the United States environmental protection agency.
2.12. "Immediate precursor" means a substance
				which the West Virginia board of pharmacy has found to be, and by rule
				designates as being, the principal compound commonly used or produced primarily
				for use and which is an immediate chemical intermediary used or likely to be
				used in manufacture of a controlled substance, the control of which is
				necessary to prevent, curtail or limit manufacture.
2.13. "Law-enforcement agency" means the West
				Virginia State Police or any other policing agency of the state or of any
				political subdivision of the state.
2.14. "OSHA" means the United States
				department of labor occupational safety and health administration.
2.15. "Person" means a corporation,
				partnership, sole proprietorship, firm, enterprise, franchise, association or
				any individual or entity.
2.16.
				"Plan Review" means the clandestine drug laboratory preliminary remediation
				plan review form available online at
https://www.wvdhhr.org/rtia/pdf/Preliminary%20Remediation%20Plan%20Checklist%20(1).pdf
.
2.17. "Remediation" means the act of
				rendering safe and usable for the purposes for which it is intended,
				residential property, as defined in subsection 2.18 of this section, or any
				structure appurtenant to the residential property, or other structure on the
				residential property that has been used for the manufacture or consumption of
				methamphetamines, or other illicit drug products.
2.18. "Residential property" means any
				building or structure to be primarily occupied by people, either as a dwelling
				or as a business, including, but not limited to, a storage facility, a mobile
				home, manufactured home or recreational vehicle, hotel or motel that may be
				sold, leased, or rented for any length of time.
2.19. "Residential property owner" means the
				person holding record title to residential property as the term is defined in
				subsection 2.18 of this section.
2.20. "Wipe sample" means a sample collected
				by wiping a 100 square centimeter (cm2) area in
				accordance with accredited laboratory standard operating
				procedures.