For the purposes of this subchapter, unless the context clearly indicates otherwise:

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

(2) "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.

(3) "Certified contractor" means a person who has been issued a CML decontamination certificate under this subchapter.

(4) "Certified training provider" means a person to whom the department has issued a CML decontamination training provider certificate under this subchapter.

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

(6) "Contaminated" or "contamination" means polluted by hazardous chemicals from a CML 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 in conformance with the requirements of this subchapter, is not "contaminated" once the department issues a certificate of fitness for the property.

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

(8) "Department" means the Montana Department of Environmental Quality.

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

(10) "Initial course" means a training course sponsored or approved by the department for certified contractors who perform or supervise decontamination on CML sites.

(11) "Initial site assessment" means the first evaluation of inhabitable property by a certified contractor to determine the nature and extent of observable contamination from a CML.

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

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

(14) "Property owner" means a person with a lawful right of possession of inhabitable property by reason of obtaining it by purchase, exchange, gift, lease, inheritance, or legal action.

(15) "Refresher course" means a department-sponsored or department-approved training course for previously certified CML decontamination contractors.

(16) "Surface material" has the meaning provided in 75-10-1302, MCA.

(17) "Wipe sample" means a surface sample collected by wiping a sample medium on surface materials in accordance with common industry standards.

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.