Haw. Code R. § 11-452-3

Current through November, 2024
Section 11-452-3 - Definitions

As used in this chapter, unless the context otherwise requires:

"Certification" means the successful completion of an approved, hazardous waste operations and emergency response safety training program and on-the-job training.

"Chief law enforcement officer" means the federal, state or county law enforcement officer in charge of investigating methamphetamine manufacturing sites.

"Cleanup contractor" means the private company hired to handle the decontamination and cleanup of a methamphetamine manufacturing site.

"Department" means the state Department of Health.

"Drug Enforcement Administration" or "DEA" means the federal agency responsible for the enforcement of the controlled substances laws and regulations of the United States.

"Equipment" means, but is not limited to, any non-chemical apparatus, glassware, jar, container, piping or other material used in the methamphetamine manufacturing process.

"EPIC" means the El Paso Intelligence Center of the Drug Enforcement Administration.

"Guidance" means the department guidance document established by the hazard evaluation and emergency response office for the investigation, sampling and cleanup of methamphetamine manufacturing sites.

"Hazard assessment" means a report that includes:

(1) A description of the possible hazards found at a methamphetamine manufacturing site;

(2) Diagrams of the methamphetamine manufacturing site; and

(3) Lists of chemicals and equipment, any debris, trash, litter or other signs of contamination.

"Hazardous materials" means any liquid, chemical, drug or substance used in the manufacturing of methamphetamine that can pose a serious safety threat when improperly handled, packaged or stored.

"Hazardous materials contractor" means the contractor responsible for removing hazardous materials from a methamphetamine manufacturing site.

"Hazardous materials (Hazmat) response team" means a team that handles the cleanup of hazardous materials generated or left behind on a methamphetamine manufacturing site.

"HAZWOPER" means the Hazardous Waste Operations and Emergency Response Standard set forth in 29 CFR 1910.120.

"The Hazard evaluation and emergency response office" means the designee of the state Department of Health that shall provide general oversight for the decontamination of qualifying methamphetamine manufacturing sites.

"Intermediate products" means any substance, apart from methamphetamines, that is produced during any stage of the methamphetamine manufacturing process.

"Manufacturing" means the chemical or physical conversion of precursor chemicals into any form of methamphetamine.

"Methamphetamine manufacturing site" means any site, structure, vehicle or container where methamphetamine is manufactured, purified, synthesized, reconstituted or converted.

"On-scene supervisor" means any designee of the law enforcement agency in charge.

"OSHA" means the Occupational Safety and Health Administration of the United States Department of Labor.

"OHSA safety standards" means the OSHA standards as set forth in 29 CFR 1910.120 entitled "Hazardous waste operations and emergency response".

"Personal protective equipment" means the equipment designed to eliminate or minimize the exposure to hazardous materials.

"Precursor chemicals" means any chemical used in or produced as a byproduct of the methamphetamine manufacturing process.

"Representative sample" means any chemical or substance, whether in a liquid, solid or gaseous state that is in sufficient quantity to be measured by protocols that are based on widely accepted industry standards.

"Respond" means remove, removal, remedy or remedial action and any related terms including government enforcement activities related thereto.

"Responding agency" means each federal, state or county agency and its personnel that respond to a methamphetamine manufacturing site. Responding agencies may include the fire department, emergency medical services, environmental regulators, code enforcement officers, probation officers, public safety personnel and child protective services.

"Scope of work" means an assessment of the work necessary to decontaminate a methamphetamine manufacturing site. "Site" means:

(1) Any real property, location, structure, vehicle or container in or on which methamphetamine, precursor chemicals or intermediate products are discovered or manufactured; and

(2) The delineated extent of contamination and all suitable areas in proximity to the contamination necessitating a response action.

"Site safety officer" means the person or employee responsible for the implementation of the site safety and health plan and for verifying compliance with applicable safety and health requirements under OSHA 29 CFR 1910.120(a)(3)..

"Unacceptable substance" means any hazardous material for which handling, packaging, transportation, storage or analysis is beyond the capability and resources of law enforcement personnel.

Haw. Code R. § 11-452-3

[Eff DEC 06 2007] [Auth: SLH 2006, Act 170, §2] [Imp: SLH 2006, Act 170, §2]