1. (a) In AS 44.42.400 - 44.42.430 and this chapter,

   1. (1) "landowner" means

      1. (A) the owner of the surface estate of land affected by the use in the project of materials containing naturally occurring asbestos; and
      2. (B) the owner of the subsurface estate of land affected by the use in the project of materials containing naturally occurring asbestos;
   2. (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 in Method 435: Determination of Asbestos Content of Serpentine Aggregate (CARB 435), adopted by reference in 17 AAC 97.020;
   3. (3) "monitoring and mitigation plan" means the plan used for the post-construction period or maintenance;
   4. (4) "municipality" has the meaning given in AS 01.10.060;

   5. (5) "naturally occurring asbestos"

      1. (A) has the meaning given in AS 44.42.430;

      2. (B) includes material containing the asbestiform or fibrous form of

         1. (i) chrysotile;
         2. (ii) the amphiboles belonging to the cummingtonite-grunerite series, commonly referred to by the commercial name amosite;
         3. (iii) the amphibole riebeckite, commonly referred to by the commercial name crocidolite;
         4. (iv) tremolite;
         5. (v) anthophyllite;
         6. (vi) actinolite;
         7. (vii) winchite;
         8. (viii) richterite; and
         9. (ix) fluoro-edenite; and
      3. (C) includes asbestiform zeolite erionite.

2. (b) In this chapter, unless the context requires otherwise,

   1. (1) "community" has the meaning given in AS 44.42.400(d);
   2. (2) "contractor" has the meaning given in AS 44.42.430;
   3. (3) "department" means the Department of Transportation and Public Facilities;
   4. (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. (5) "person" means

      1. (A) an individual;
      2. (B) a corporation;
      3. (C) a community;
      4. (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. 479a (Federally Recognized Indian Tribe List Act of 1994);
      5. (E) a tribal council organized under 25 U.S.C.476 (Indian Reorganization Act), or a traditional council;
      6. (F) any other entity;
   6. (6) "project owner" means the entity having legal authority for the design and construction of a project;
   7. (7) "riprap" means material used to construct a loose assemblage of stones to provide embankment stability or shoreline protection to prevent erosion.

(Eff. 6/13/2015, Register 214)

Authority: AS 44.42.030, AS 44.42.410, AS 44.42.430, AS 44.42.400, AS 44.42.420