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

(1) "Basic course" means a training course sponsored or approved by the department for workers and supervisors who perform or supervise decontamination on CML sites.

(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 contractor" means a person or company to whom the department has issued a CML decontamination contractor certificate under this subchapter.

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

(6) "Certified person" means a person to whom the department has issued a CML decontamination worker certificate or a CML decontamination supervisor certificate under this subchapter.

(7) "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. Inhabitable property that at one time was contaminated, but has been decontaminated in conformance with the requirements of this subchapter, is not "contaminated."

(8) "Decontaminated" or "decontamination" means the process of reducing levels of hazardous chemicals from a CML in inhabitable property to the lowest practical level using currently available methods and processes.

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

(10) "Hazardous chemicals" means:

(a) methamphetamine as defined in (13) ; and

(b) precursor substances as defined in (15) .

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

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

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

(14) "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.

(15) "Precursor substances" means the following compounds:

(a) anthranilic acid;

(b) barbituric acid;

(c) chlorephedrine;

(d) diethyl malonate;

(e) d-lysergic acid;

(f) ephedrine;

(g) ergotamine tartrate;

(h) ethylamine;

(i) ethyl malonate;

(j) ethylephedrine;

(k) lead acetate;

(l) methylamine;

(m) methylformamide;

(n) methylephedrine;

(o) methylpseudoephedrine;

(p) n-acetylanthranilic acid;

(q) norpseudoephedrine;

(r) phenylacetic acid;

(s) phenylpropanolamine;

(t) piperidine;

(u) pseudoephedrine;

(v) pyrrolidine; and

(w) any other chemical compound(s) that the department determines was used in the clandestine manufacture of methamphetamine, or produced from such manufacture.

(16) "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.

(17) "Refresher course" means a department-sponsored or department-approved training course for previously certified CML decontamination workers and supervisors.

(18) "Supervisor" means a person who is employed by a contractor, is on site during the decontamination of a CML, and is responsible for the activities performed.

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

(20) "Vacuum sample" or "microvacuum sample" means a nonairborne dust sample collected from a known surface area of a porous surface or material using standard microvacuuming techniques described in American Society for Testing and Materials, Method D5756-02, (November 2002) , Standard Test Method for Microvacuum Sampling and Indirect Analysis of Dust by Transmission Electron Microscopy for Asbestos Mass Concentration.

(21) "Wipe sample" means a surface sample collected by wiping a sample medium on surface materials in accordance with the field equipment and sampling guidance in National Institute for Occupational Health and Safety, Manual of Analytical Methods, 4th Ed., Method 9100, Lead in Surface Wipe Samples (Issue 2, May 1996) .

(22) "Worker" means a person who is employed by a contractor and who performs decontamination of a CML.