Alaska Administrative Code
Title 17 - Transportation and Public Facilities
Chapter 97 - Naturally Occurring Asbestos
17 AAC 97.900 - Definitions
Universal Citation: 17 AK Admin Code 17 AAC 97.900
Current through August 30, 2024
(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
(i)
chrysotile;
(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;
(iv)
tremolite;
(v)
anthophyllite;
(vi)
actinolite;
(vii)
winchite;
(viii) richterite;
and
(ix) fluoro-edenite;
and
(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
(A) an individual;
(B) a corporation;
(C) a community;
(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;
(F) any other
entity;
(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.
Authority:AS 44.42.030
AS 44.42.400
AS 44.42.410
AS 44.42.420
AS 44.42.430
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