§ 75-10-1302 — Definitions

75-10-1302 . Definitions. Unless the context requires otherwise, in this part, the following definitions apply:
(1) "Certified contractor" means any person or company certified by the department to perform the assessment or remediation of inhabitable property or volunteer property contaminated by methamphetamine or fentanyl residues pursuant to 75-10-1304 .
(2) "Department" means the department of environmental quality provided for in 2-15-3501 .
(3) (a) "Inhabitable property" means any building or structure used as a clandestine methamphetamine or fentanyl drug lab or that has been contaminated with hazardous chemical residues from consumption of methamphetamine or fentanyl that is intended to be primarily occupied by people, either as a dwelling or a business, including a storage facility or mobile home, or that may be sold, leased, or rented for any length of time.
(b) The term does not mean any water system, sewer system, land, or water outside of a building or structure described in subsection (3)(a).
(4) "Surface material" means any porous or nonporous substance common to the interior of a building or structure, including but not limited to ceilings and walls, window coverings, floors and floor coverings, counters, furniture, heating and cooling duct work, and any other surfaces to which inhabitants of the building or structure may be exposed.
(5) "Volunteer property" means an inhabitable property meeting the following criteria:
(a) the property owner has become aware of contamination with hazardous chemical residues from consumption of methamphetamine or fentanyl;
(b) the property has not been reported by law enforcement pursuant to 75-10-1306 (1); and
(c) the property owner has elected to follow processes to meet the decontamination standard in 75-10-1303 to receive certification from the department that the decontamination standard has been met.

Legislative History

En. Sec. 2, Ch. 461, L. 2005; amd. Sec. 2, Ch. 93, L. 2021; amd. Sec. 4, Ch. 367, L. 2025.