W. Va. Code R. § 64-92-2 - Definitions

2.1. "AIHA" means the American Industrial Hygiene Association.

2.2. "Applicant" means any person who is applying for a license to perform the work of clandestine drug laboratory remediation, including technicians, contractors, and training providers.

2.3. "Clandestine drug laboratory" means the area or areas where controlled substances, or their immediate precursors, have been, or were attempted to be, manufactured, processed, cooked, disposed of or stored and all proximate areas that are likely to be contaminated as a result of such manufacturing, processing, cooking, disposing, or storing.

2.4. "Clandestine drug laboratory remediation contractor" means a person who enters into a contract for a clandestine drug laboratory remediation project.

2.5. "Clandestine drug laboratory remediation technician" means a person who works on clandestine drug laboratory remediation projects, specifies work practices to be used, conducts sampling, and is certified and licensed.

2.6. "Commissioner" means the commissioner of the West Virginia bureau for public health or his or her designee.

2.7. "Composite Sample" means the use of multiple discrete or individual samples as a single sample, results are calculated by dividing the laboratory result by the total area sampled.

2.8. "Controlled substance" means the same as the term defined in W. Va. Code § 60A-1-101, as a drug, substance, or immediate precursor in schedules I through V of W. Va. Code § 60A-2-201, et seq.

2.9. "Department" means the West Virginia department of health and human resources.

2.10. "Discrete Sample" means the use of individual 100 square centimeters (cm²) samples taken at individual, specific and discrete locations.

2.11. "EPA" means the United States environmental protection agency.

2.12. "Immediate precursor" means a substance which the West Virginia board of pharmacy has found to be, and by rule designates as being, the principal compound commonly used or produced primarily for use and which is an immediate chemical intermediary used or likely to be used in manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.

2.13. "Law-enforcement agency" means the West Virginia State Police or any other policing agency of the state or of any political subdivision of the state.

2.14. "OSHA" means the United States department of labor occupational safety and health administration.

2.15. "Person" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association or any individual or entity.

2.16. "Plan Review" means the clandestine drug laboratory preliminary remediation plan review form available online at https://www.wvdhhr.org/rtia/pdf/Preliminary%20Remediation%20Plan%20Checklist%20(1).pdf.

2.17. "Remediation" means the act of rendering safe and usable for the purposes for which it is intended, residential property, as defined in subsection 2.18 of this section, or any structure appurtenant to the residential property, or other structure on the residential property that has been used for the manufacture or consumption of methamphetamines, or other illicit drug products.

2.18. "Residential property" means any building or structure to be primarily occupied by people, either as a dwelling or as a business, including, but not limited to, a storage facility, a mobile home, manufactured home or recreational vehicle, hotel or motel that may be sold, leased, or rented for any length of time.

2.19. "Residential property owner" means the person holding record title to residential property as the term is defined in subsection 2.18 of this section.

2.20. "Wipe sample" means a sample collected by wiping a 100 square centimeter (cm²) area in accordance with accredited laboratory standard operating procedures.

Notes

W. Va. Code R. § 64-92-2