6 Colo. Code Regs. § 1014-3-1-2.0

Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1014-3-1-2.0 - Definitions

The following definitions apply to Parts 1, 2, and 3 of these regulations.

"Aliquot" means a discrete sample comprising a known fraction of a composite sample. Aliquots making up a composite sample must be of equal area or volume.

"Assessment" means an evaluation of a property to determine the current condition, including the nature and extent of observable or detectable contamination, chemical storage, and disposal.

"Building" means an enclosed structure which has the capacity to contain, and is designed for the shelter of, persons, animals, or property. "Building" includes manufactured homes as defined in § 38-29-102(6), C.R.S., and mobile homes as defined in § 38-12-201.5(2), C.R.S.

"Caustic" means capable of burning or corroding by chemical action.

"Certified Industrial Hygienist" or "CIH" means an individual who is certified by the American Board of Industrial Hygiene or its successor.

"Chemical storage area" means any area where chemicals used in the manufacture of methamphetamine are stored or have come to be located.

"Cleanup standard" means the numerical value, established in Section 7.0 of this Part 1, that causes the Consultant to determine if an area is compliant or noncompliant based on the results of sampling conducted in accordance with the sampling procedures presented in Section 6 of this Part 1.

"Composite sample" means a sample comprised of multiple aliquots collected from separate locations.

"Composite sample result" is the concentration of the analyzed contaminant per unit area. It is derived by dividing the total amount of the contaminant detected by the analytical method by the combined total area of the sample aliquots. Composite sample results for methamphetamine and iodine should be reported as x micrograms/100 cm2.

"Consultant" means a Certified Industrial Hygienist or Industrial Hygienist who is not an employee, agent, representative, partner, joint venture participant, or shareholder of the Contractor or of a parent or subsidiary company of the contractor, and who has been certified under § 25-18.5-106 C.R.S and these regulations.

"Contaminant" means a chemical residue resulting from the manufacturing, storage, processing or use of methamphetamine.

"Contamination" or "Contaminated" means the presence of contaminants.

"Contractor" means a person that is hired to decontaminate an illegal drug laboratory in accordance with the requirements of these regulations, and that is certified under § 25-18.5-106 C.R.S., and these regulations.

"Cooking area" means any area where methamphetamine manufacturing is occurring or has occurred.

"Corrosive" is an aqueous substance with a pH of 2.0 or less or 12.5 or greater.

"Decontamination" means the process of reducing the level of contamination at methamphetamine-affected properties to the standards specified in Section 7.0 of this Part 1 using methods approved under these regulations.

"Decontamination Supervisor" is a classification of Contractor. A Decontamination Supervisor is a person who is certified under Part 2 to supervise the decontamination of methamphetamine-affected properties by Decontamination Workers and Ventilation Contractors, and to decontaminate methamphetamine-affected properties.

"Decontamination Worker" is a classification of Contractor. A Decontamination Worker is a person who is certified under Part 2 to perform decontamination of methamphetamine-affected properties under the supervision of a Decontamination Supervisor.

"Demolition" means the complete deconstruction and removal of all of a structure, including all framing and permanent structural components other than foundations or slabs. Demolition of a vehicle means crushing or shredding a motor vehicle to produce scrap metal.

"Department" means the Colorado Department of Public Health and Environment.

"Detergent" means a surfactant or mixture of surfactants with cleaning properties in dilute solutions.

"Discrete sample" means a sample collected from a single location and comprised of a single aliquot.

"Discrete sample result" is the concentration of the analyzed contaminant per unit area. Discrete sample results for methamphetamine and iodine should be expressed in terms of x micrograms/100 cm2.

"Disposal" means discharge, deposit, dumping, spilling, leaking, or placing of methamphetamine lab waste. Disposal also means the ultimate disposition of materials removed from contaminated properties in accordance with applicable regulatory requirements.

"Documentation" means preserving a record of an observation through writings, drawings, photographs, or other appropriate means.

"Dwelling" means a building designed or adapted for regular overnight accommodation of persons.

"Encapsulation" means applying a surface sealant to create a physical barrier for the purpose of decreasing or eliminating potential exposure to any residual contaminants that may remain following decontamination.

"Firm" means any public or private corporation, partnership, association, firm, trust, or estate.

"HEPA filtration" means a filtering system capable of trapping and retaining at least 99.97 percent of all monodispersed particles 0.3 microns in diameter or larger.

"Illegal drug laboratory" means the areas where controlled substances, as defined by § 18-18-102, C.R.S., have been manufactured, processed, cooked, disposed of, used, or stored and all proximate areas that are likely to be contaminated as a result of the manufacturing, processing, cooking, disposal, use, or storage.

"Independent" means the absence of a business relationship or agreement between a Consultant and a Contractor that could give rise to a real or apparent conflict of interest in the conduct of activities that are regulated under these regulations. A Contractor and a Consultant are not independent of one another if either one is an employee, agent, representative, partner, joint venturer, shareholder, or parent or subsidiary company of the other.

"Industrial hygienist" has the same meaning as set forth in § 24-30-1402, C.R.S.

"In good standing" means that the person possesses a current, valid certification or authorization under these regulations.

"Limited exposure area" means an area that is not used, or intended to be used, as a living space or part of a ventilation system. Limited exposure areas include, but are not limited to, attics, crawl spaces, and wall cavities not used as duct runs.

"Media" means the physical material onto which a sample substrate is collected. Media includes cotton gauze, glass fiber filters, MCE membranes, etc.

"Methamphetamine" or "meth" means dextro-methamphetamine, levo-methamphetamine, and unidentified isomers of the same, any racemic mixture of dexto/levo methamphetamine, or any mixture of unidentified isomers of methamphetamine associated with CAS registration number 537-46-2.

"Methamphetamine-affected property" is a type of illegal drug laboratory consisting of areas on a subject property where methamphetamine has been manufactured, processed, cooked, disposed of, used, or stored and all proximate areas that are likely to be contaminated as a result of the manufacturing, processing, cooking, disposal, use, or storage of methamphetamine or the chemicals used to manufacture methamphetamine. A multi-unit building (such as an apartment complex, condominium, or commercial building) may contain more than one methamphetamine-affected property.

"Methamphetamine manufacturing" means the production, preparation, propagation, compounding, conversion, or processing of methamphetamine, either directly or indirectly.

"Methamphetamine lab waste" means chemical wastes generated in, or apparatus and components used in the production of methamphetamine, but does not include drug paraphernalia such as pipes.

"Must" is used to indicate a mandatory requirement.

"Negative air unit" means a portable exhaust system equipped with HEPA filtration and capable of maintaining a constant high velocity airflow out of the contained area, resulting in a constant low velocity air flow into the contained area from adjacent areas.

"Non-porous" means resistant to penetration of liquids, gases, powders, and includes non-permeable surfaces and materials that are sealed. Non-porous materials include metal, glass, and plastic. Materials such as concrete, wood, tile, ceramic, plaster, and drywall are non-porous only if they are painted or sealed and the paint or sealant is in good condition.

"On-site wastewater treatment system" or "OWTS""means an absorption system of any size or flow or a system or facility for treating, neutralizing, stabilizing, or dispersing sewage generated in the vicinity, which system is not part of or connected to a sewage treatment works.

"Outbuilding" means any building on a property that is not, and does not contain, a dwelling. Outbuildings include, but are not limited to, garages, storage sheds, barns and silos.

"Painted-over surface" means a surface that was painted after the cessation of contamination-causing activities but prior to the discovery of a methamphetamine-affected property.

"Person" means any individual, public or private corporation, partnership, association, firm, trust, or estate; the state or any executive department, institution, or agency thereof; any municipal corporation, county, city and county, or other political subdivision of the state; or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

"Personal Property" means anything subject to ownership that is not real property.

"Porous" means easily penetrated or permeated by gases, liquids, or powders. Porous materials include, but are not limited to, fabric, carpet, cardboard, fiber-board, cork, wood, drywall, or any other permeable material that is not sealed or painted and in good condition.

"Preliminary assessment" means an assessment of a methamphetamine-affected property in accordance with Section 4.0 of this Part 1.

"Property" means anything that may be the subject of ownership or possession, including land, buildings, structures, vehicles, and personal belongings.

"Property owner," for the purposes of real property, means the person holding record fee title to real property. "Property owner" also means the person holding title to a manufactured home. With respect to personal property, the term means the person who lawfully owns such property.

"Publicly owned treatment works" or "POTW" means a publicly owned domestic wastewater treatment facility. The term also means the municipality, as defined in 502(4) of the Clean Water Act, 33 U.S.C. § 1362(4), which has jurisdiction over the indirect discharges to and the discharge from such treatment works.

"Quality assurance" or "QA" means an integrated system of management activities involving planning, training, quality control, assessment, data review, reporting, and quality improvement to ensure that a process, item or service is of the type and quality needed and expected by the user. QA is a management function that deals with setting policy and running an administrative system of controls to ensure the usability of the product (e.g., data).

"Quality control" or "QC" means a system of technical activities that measures the performance of a process, item, or service against a defined set of criteria or standard. QC is a technical function that includes activities such as calibrations and analyses of check samples (performance evaluation samples, duplicates, spikes, blanks, etc.) to assess the bias and precision associated with sample results.

"Removal" means the taking out or stripping of material or surfaces from methamphetamine-affected properties up to, but not including, demolition. Removal includes taking personal property out of a structure, and physically separating contamination from material or surfaces.

"Room" means a portion of space within a structure that is enclosed or partitioned off from other parts of the structure. Any space separated from other spaces by a door shall be considered a separate room, except that closets that are less than 75 ft2 are not rooms. Two spaces separated by a partition less than four (4) feet in height may be considered one room. Two spaces separated by 10 or more stairs shall be considered separate rooms. Crawl spaces and attics are not considered rooms.

"Sampling" means the process of collecting measurements of a subset of a population to estimate the characteristics of the whole population.

"Screening level sampling" means an assessment, in compliance with Section 9 and Section 6 of this Part 1, of a property for the purpose of determining whether it is a methamphetamine-affected property.

"Sealed" means closed or protected against exposure, leakage, or passage of liquids by coating.

"Shall" is used to indicate a mandatory requirement.

"Structure" means anything constructed or erected at a fixed location, whether installed on, above or below the surface of a parcel of land.

"Subject property" means the real property that is the subject of a screening level assessment, preliminary assessment, or decontamination and removal under these regulations.

"Substrate" means the material from which a sample is being collected. Substrates may include soils, water, painted surfaces, carpet debris, unidentified powders, dust, etc.

"Unit," in the context of a multiple unit building, means a portion of the building that is subject to a separate ownership or leasehold interest, including, but not limited to, an apartment, condominium, co-op, townhome, half of a duplex, and office space.

"Vacuum sample" means a non-airborne dust sample collected from a known surface area of a surface or material using standard vacuum sampling techniques as described in Section 6 of this Part 1.

"Vehicle" means any object defined as a "vehicle" in § 42-1-102, C.R.S. "Vehicle" includes recreational vehicles, campers, buses with a toilet and a galley, trailers as defined in § 42-1-102 (105) C.R.S., trailer coaches as defined in § 42-1-102(106)(a) C.R.S., and motor homes as defined in § 42-1-102(57), C.R.S. It also includes vehicles that are no longer capable of moving themselves because they have been partially disassembled (e.g., a motor home with the wheels and engine removed).

"Ventilation Contractor" is a classification of Contractor. A Ventilation Contractor is a person who possesses a Ventilation Contractor certificate under Section 7 of Part 2 to perform decontamination of ventilation systems at methamphetamine-affected properties under the supervision of the Decontamination Supervisor.

"Waste disposal area" means any area where chemicals used or generated in the manufacture of methamphetamine are disposed of or have come to be located.

"Wipe sample" means a surface sample collected by wiping a sample media on the surface being sampled in accordance with Section 6 of this Part 1.

6 CCR 1014-3-1-2.0

37 CR 22, November 25, 2014, effective 12/15/2014