Section 17 AAC 97.900 - Definitions(a) In AS 44.42.400-44.42.430 and this chapter, (1) "landowner" means (A) the owner of the surface estate of land affected by the use in the project of materials containing naturally occurring asbestos; and(B) the owner of the subsurface estate of land affected by the use in the project of materials containing naturally occurring asbestos;(2) "material free from naturally occurring asbestos" means material that may contain naturally occurring asbestos at a concentration of less than 0.25 percent using the "400 non-empty point" calculation inMethod 435: Determination of Asbestos Content of Serpentine Aggregate (CARB 435), adopted by reference in 17 AAC 97.020;(3) "monitoring and mitigation plan" means the plan used for the post-construction period or maintenance;(4) "municipality" has the meaning given in AS 01.10.060;(5) "naturally occurring asbestos" (A) has the meaning given in AS 44.42.430;(B) includes material containing the asbestiform or fibrous form of (ii) the amphiboies belonging to the cummingtonite-grunerite series, commonly referred to by the commercial name amosite;(iii) the amphibole riebeckite, commonly referred to by the commercial name crocidolite;(C) includes asbestiform zeolite erionite.(b) In this chapter, unless the context requires otherwise, (1) "community" has the meaning given in AS 44.42.400(d);(2) "contractor" has the meaning given in AS 44.42,430;(3) "department" means the Department of Transportation and Public Facilities;(4) "designated area" means an area that the department designates under AS 44.42.400-44.42.430 and 17 AAC 97.030 as an area where a landowner or contractor is granted immunity under AS 09.65.245(a) (immunity for certain persons supplying or using gravel or other aggregate material; limitations on asbestos-related actions against defendants) from a civil action or claim for damages or costs;(5) "person" means (D) an Alaska Native tribe that is recognized by the United States Secretary of the Interior to exist as Indian tribe under 25 U.S.C. 479 a (Federally Recognized Indian Tribe List Act of 1994);(E) a tribal council organized under 25 U.S.C. 476 (Indian Reorganization Act), or a traditional council;(6) "project owner" means the entity having legal authority for the design and construction of a project;(7) "riprap" means material used to construct a loose assemblage of stones to provide embankment stability or shoreline protection to prevent erosion.Eff. 6/13/2015, Register 214, July 2015Authority:AS 44.42.030
AS 44.42.400
AS 44.42.410
AS 44.42.420
AS 44.42.430