ARM 17.74.504. DEFINITIONS

For the purposes of this subchapter, unless the context clearly indicates otherwise, the following terms have the 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 and extent of potential contamination of an inhabitable property from the manufacture or consumption of methamphetamine or fentanyl. The actions taken to implement this plan include a department-approved site assessment followed by a final assessment report. (2) "Certificate of fitness" means a certificate issued for an inhabitable property by the department confirming that the property meets the decontamination standards provided in ARM 17.74.505. (3) "Certified cleanup contractor" has the same meaning as “certified contractor” in 75-10-1302, MCA. (4) "Certified training provider" means a person to whom the department has issued an inhabitable property decontamination training provider certificate under this subchapter. (5) "Closure letter" means documentation issued by the department indicating an inhabitable property was demolished and disposed of, the structure cannot be inhabited in the future, and public health, safety, and welfare will be adequately protected. (6) "Contaminated" or "contamination" means polluted by hazardous chemicals from a clandestine methamphetamine or fentanyl drug lab or from the consumption of methamphetamine or fentanyl so that the inhabitable property may be unfit for human habitation. (7) "Decontaminated" or "decontamination" means the process of reducing levels of methamphetamine or fentanyl from a clandestine methamphetamine or fentanyl drug lab or from the consumption of methamphetamine or fentanyl affecting an inhabitable property to the level established in ARM 17.74.505. (8) “Fentanyl” means fentanyl, an analog of fentanyl that is a fentanyl-related controlled substance, and any chemical structure modification to fentanyl or a fentanyl analog, including, but not limited to, its isomers, esters, ethers, and salts. (9) "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. (10) "Initial course" means a department-approved training course for initial certification of certified cleanup contractors who perform sampling and remediation for methamphetamine and fentanyl within inhabitable properties. (11) "Methamphetamine" means dextro-methamphetamine, levo-methamphetamine, any racemic mixture of dextro/levo-methamphetamine, or any mixture of isomers of methamphetamine. (12) "Owner"means a person who has legal title to inhabitable property that is contaminated by a clandestine methamphetamine or fentanyl drug lab or from the consumption of methamphetamine or fentanyl. (13) "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. (14) "Refresher course" means a department-approved training course to renew certification for previously certified cleanup contractors. (15) "Work plan" means a plan submitted to the department for approval by a certified cleanup contractor to describe methods and means to decontaminate an inhabitable property and dispose of the waste stream, based on the assessment plan. (16) "Working day" means Monday through Friday and includes holidays that fall on working days.