TITLE 20 ENVIRONMENTAL PROTECTION
CHAPTER 4 HAZARDOUS WASTE
PART 5 CLANDESTINE DRUG LABORATORY
REMEDIATION
20.4.5.1 ISSUING
AGENCY. Environmental Improvement Board.
[20.4.5.1 NMAC - N,
1/01/2008]
20.4.5.2 SCOPE. This part applies to all law enforcement agencies who
discover a clandestine drug laboratory, all persons who own a clandestine drug
laboratory property, and all persons engaging in remediation of a clandestine
drug laboratory.
[20.4.5.2 NMAC - N,
1/01/2008]
20.4.5.3 STATUTORY
AUTHORITY. Section 74-4-4.B NMSA 1978 and Section
74-1-8.A(7) NMSA 1978 (as amended).
[20.4.5.3 NMAC - N,
1/01/2008]
20.4.5.4 DURATION.
Permanent.
[20.4.5.4 NMAC - N,
1/01/2008]
20.4.5.5 EFFECTIVE
DATE. January 1, 2008 unless a later date is cited
at the end of a section.
[20.4.5.5 NMAC - N,
1/01/2008]
20.4.5.6 OBJECTIVE.
Contamination from the operation of clandestine drug laboratories is a
serious health and environmental threat.
Remediation of the residually contaminated portions of clandestine drug
laboratory properties is essential to assure the health, safety and welfare of
people and the environment. The
objective of this part is to provide for the notice of such contamination to
potential occupants of the residually contaminated portion of these properties and
standards for the assessment and remediation of such properties.
[20.4.5.6 NMAC - N,
1/01/2008]
20.4.5.7 DEFINITIONS.
Unless otherwise defined in this part, the words and phrases used in
this part have the same meanings as in Sections 74-4-1 through 74-4-14 NMSA
1978 (as amended), and 20.4.1 NMAC. As
used in this part.
A. “Certified industrial hygienist” means a
person certified in the comprehensive practice of industrial hygiene by the
American board of industrial hygiene.
B. “Chemicals and equipment” means the bulk or containerized chemicals, illegal drugs and their precursors
drugs, equipment and other items that are found in a clandestine drug
laboratory that were used in the manufacture of any controlled substance.
C. “Clandestine drug laboratory” means property on which any controlled substance is being unlawfully
manufactured or on which there is an attempt to unlawfully manufacture, or
where a person is arrested for having on any property any chemicals or
equipment used in manufacturing any controlled substance. In the case of a space rental mobile home or
recreational vehicle park, clandestine drug laboratory means the mobile home or
recreational vehicle in which any controlled substance is being manufactured or
where a person is arrested for having in the mobile home or recreational
vehicle any chemicals or equipment used in manufacturing any controlled
substance. Clandestine drug laboratory shall
include any place or area where chemicals or other waste materials used in
clandestine drug laboratories have been located.
D. “Controlled substance” means any drug or substance or counterfeit substance listed in the Controlled
Substances Act, 30-31-1 NMSA 1978, or regulations adopted thereunder.
E. "Department" means the New Mexico environment
department or its successor agency under the Department of Environment Act,
9-7A-1 NMSA 1978.
F. “Law enforcement
officer” means any employee of a police or
public safety department administered by the state or any political subdivision
of the state where the employee is responsible for the prevention and detection
of crime and the enforcement of the penal, traffic or highway laws of this
state as defined in Section 30-20A-2.D NMSA 1978, and specifically includes
Albuquerque police department nuisance abatement inspectors.
G. “Owner” means any
person, firm, corporation or other entity that owns, in whole or in part, the
property subject to this part.
H. “Owner's
agent" means person designated by the owner to act on behalf of the owner.
I. “Property” means real or personal property, which includes the
following:
(1) the area within a
structure and the area that surrounds a structure and that is within the land
boundary or property lines of any property that can be used for residential
purposes or is occupied by people for any length of time for any purpose, and
(2) a vehicle as defined
in Section 66-1-4.19 NMSA 1978 (as amended).
J. “Remediation” means
the cleanup, removal, or destruction of chemicals and equipment or residual
contamination at a clandestine drug laboratory to conform with the remediation standards required by 20.4.5.16 NMAC and
any action, including the destruction of property, necessary to investigate,
prevent, minimize or mitigate potential damages or injury to human health, the
environment, or property that may result from the chemicals or residual
contamination.
K. “Remediation firm” means a person or firm that:
(1) performs remediation
of residual contamination from the manufacture of any controlled substance or
the storage of chemicals or equipment used in manufacturing any controlled
substance, or
(2) conducts preliminary
assessments or post-remediation assessments, including testing, for the
presence of residual contamination from the manufacture of any controlled
substance or the storage of chemicals or equipment used in manufacturing any
controlled substance.
L. “Residual contamination” means any
contaminants associated with manufacturing
any controlled substance that are left at a property after the initial
removal of chemicals and equipment.
M. “Residually contaminated portion of
the property” means the
structure or unit where chemicals and equipment were removed and the area of
any adjacent structure, unit or land where evidence of residual contamination
is observed by a law enforcement agency.
(1) Where chemicals and
equipment are removed from a house, mobile home or vehicle, then the entire
property, not just the room or rooms in which the chemicals and equipment are
found, shall be deemed the residually contaminated portion of the property.
(2) Where chemicals and
equipment are removed from a detached shed, garage or other structure and other
property on the land are not affected, then the detached structure shall be
deemed the residually contaminated portion of the property.
(3) Where chemicals and
equipment are removed from a hotel or motel room, apartment unit, storage
locker or other similar property with controlled-access units and the adjacent
rooms or units are not affected, then the contaminated room or unit shall be
deemed the residually contaminated portion of the property.
[20.4.5.7 NMAC - N,
1/01/2008]
20.4.5.8 COMPLIANCE
WITH OTHER LAW. Compliance with this part does not relieve a
person from the obligation to comply with other applicable federal, state and
local laws and regulations.
[20.4.5.8 NMAC - N,
1/01/2008]
20.4.5.9 DECLARATION
OF HAZARDOUS SUBSTANCE INCIDENT AND PUBLIC NUISANCE.
Upon identification by a law enforcement agency of a clandestine drug
laboratory where chemicals and equipment were removed or residual contamination
was observed, the property is presumed to constitute a site of a hazardous
substance incident and a public nuisance until such time as the remediation
required by this part is completed.
[20.4.5.9 NMAC - N,
1/01/2008]
20.4.5.10 NOTICE
OF CONTAMINATION.
A. Upon
identification of a clandestine drug laboratory by a law enforcement agency where chemicals and equipment were removed or residual
contamination was observed, the agency shall take the following actions.
(1) Post a notice of
contamination in a conspicuous place at the clandestine drug laboratory.
(2) Deliver a copy of the
notice of contamination to the owner of the property
if the owner is on the site at the time of delivery, the on-site manager if the
manager is on the site at the time of delivery or the on-site drop box if
available. In the case of a tenant-owned
unit in a space rental mobile home or recreational vehicle park, the agency
shall deliver a copy of the notice of removal to the occupant of the unit if the
occupant is on site at the time of delivery and to the on-site park landlord if
the park landlord is on site at the time of delivery.
(3) Document proof of
posting the notice of contamination, which proof of posting shall be considered
notice to the owner if the owner of the clandestine drug laboratory cannot be
identified.
(4) Deliver a copy of the
notice of contamination to the department’s hazardous waste bureau chief within
seven days after identification of the clandestine drug laboratory. The law enforcement
agency shall inform the department whether or not the agency was able to
personally deliver the notice to the owner or on-site manager of the property.
B. Upon
receiving a copy of the notice of contamination from a law enforcement agency,
the department shall send a copy of the notice of contamination by certified
mail, return receipt requested, to the owner at the owner's last known address
contained in records of the county assessor where the clandestine drug
laboratory is located if the owner of the clandestine drug laboratory or, if
the clandestine drug laboratory is a mobile home or recreational vehicle, the
owner of a mobile home or recreational vehicle space-rental or space-purchase
park where the clandestine drug laboratory may be located, is not personally
provided a copy of the notice of contamination pursuant to Subsection A of this
section. Proof of mailing shall be
considered notice to the owner. The
owner is presumed to have received the notice of
contamination five days after the notice is mailed.
[20.4.5.10 NMAC - N,
1/01/2008]
20.4.5.11 CONTENTS
OF NOTICE OF CONTAMINATION. The notice of contamination required by 20.4.5.10
NMAC shall contain the following in both English and Spanish or other
appropriate tribal language.
A. The
word "warning" in large bold type at the top and bottom of the
notice.
B. A
statement that a clandestine drug laboratory was identified at the property.
C. The
date of the identification.
D. The
address or location of the property where the clandestine drug laboratory was
identified. A description of the
residually contaminated portion of the property, including a structure, room,
apartment or unit number if not the entire or a vehicle registration or vehicle
identification number if appropriate.
E. The
name of the law enforcement agency that identified the clandestine drug
laboratory and that agency's telephone number.
F. A
statement that hazardous substances, toxic chemicals, or other residual
contamination from operation of the clandestine drug laboratory may still be
present.
G. A
statement that a person other than the owner or the owner's agent may not
enter, occupy, or use the clandestine drug laboratory property or otherwise
knowingly and intentionally violate the provisions of the notice of
contamination until remediation of the residually contaminated portion of the
property has taken place in accordance with 20.4.5.16 NMAC and such remediation
has been approved by the department.
H. A
statement that a person may not knowingly and intentionally disturb the notice
of contamination posted at the clandestine drug laboratory.
I. A
statement that the owner of the property shall remediate the residually
contaminated portion of the property in compliance with 20.4.5.16 NMAC.
J. A
statement that until remediation is complete, the owner or the owner’s agent
shall not sell, lease, rent, loan, assign, exchange, or otherwise transfer the
residually contaminated portion of the property without providing notice of its
existence as required by 20.4.5.13 NMAC.
K. A
statement that failure of the owner to comply with the requirements of this part
may result in a fine of up to $10,000 per day pursuant to Section 74-4-12 NMSA
1978 , and is a petty misdemeanor pursuant to Section 74-1-10 NMSA 1978.
L. Contact
information for the department.
[20.4.5.11 NMAC - N,
1/01/2008]
20.4.5.12 VACATING
NOTICE OF CONTAMINATION.
A. The
owner of a clandestine drug laboratory is responsible for providing proof to
the department that the property has been remediated in compliance with 20.4.5.16
NMAC.
B. Within
seven days of the department determining that a clandestine drug laboratory has
been remediated in accordance with this part, or that no remediation is
required, the department shall notify the owner of the clandestine drug
laboratory that the notice of contamination can be removed from the property.
[20.4.5.12 NMAC - N,
1/01/2008]
20.4.5.13 USE
AND TRANSFER OF CLANDESTINE DRUG LABORATORY.
A. An
owner shall not sell, lease, rent, loan, assign, exchange or otherwise transfer
the clandestine drug laboratory property unless the owner does the following:
(1) provides written
notice to the purchaser, lessee, renter, borrower, assignee, exchange partner
or other transferee, with a copy to the department’s hazardous waste bureau, of
the existence of the clandestine drug laboratory; and
(2) receives a written
acknowledgment, and provides a copy to the department’s hazardous waste bureau,
that the notice was received by the purchaser, lessee, renter, borrower,
assignee, exchange partner or other transferee.
B. A
person other than the owner or the owner's agent may not enter, occupy, or use
the clandestine drug laboratory or otherwise knowingly and intentionally
violate the provisions of the notice of contamination until remediation of the
residually contaminated portion of the property has taken place in accordance
with 20.4.5.16 NMAC. Persons performing
work for a law enforcement agency, the department, or a remediation firm are
excepted from this prohibition.
[20.4.5.13 NMAC - N,
1/01/2008]
20.4.5.14 CLANDESTINE
DRUG LABORATORY LIST.
A. The department
shall maintain a list of clandestine drug laboratory sites on the department’s
web site based on information received from law enforcement agencies.
B. Within
ten days of the department notifying the owner of its approval pursuant to
Subsection B of 20.4.5.18 NMAC, the department shall indicate on its website
whether the property has been remediated in accordance with this part.
[20.4.5.14 NMAC - N,
1/01/2008]
20.4.5.15 OWNER RESPONSIBILITIES FOR REMEDIATION.
A. The
owner of the property shall retain a remediation firm to perform a preliminary
assessment of the residually contaminated portion of the property to determine
the extent of the contamination and the nature of the required remediation
within seven days of the day of delivery of the notice of contamination to the
owner. The preliminary assessment shall
be completed within 21 days after delivery of the notice of contamination to
the owner.
(1) If the preliminary assessment determines
that remediation is not required, the owner shall send a copy of the assessment
to the department’s hazardous waste bureau chief within seven days of receipt
of the results of the preliminary assessment, which shall be reviewed in
accordance with 20.4.5.18 NMAC.
(2) The owner may choose to forego a
preliminary assessment and conduct the remediation in accordance with
Subsection B of this section.
B. The
owner shall retain a remediation firm to conduct the remediation within 14 days
of receipt of the results of the preliminary assessment when this preliminary
assessment determines that remediation is required or, in event where a
preliminary assessment was not performed pursuant to Paragraph (2) of
Subsection A of this section, within 30 days of the day of delivery of the
notice of contamination to the owner.
C. The
owner shall complete remediation and the post remediation assessment in accordance
with the requirements of this part within 90 days of the day of delivery of service of
the notice of contamination to the owner or for such other period of time that
is approved in writing by the department.
D. The
owner shall retain a remediation firm to perform a post-remediation assessment
of the residually contaminated portion of the property to determine that the
requirements for remediation of residual contamination in this part have been
met within seven days of receiving notice from the remediation firm that the
residually contaminated portion of the property has been remediated.
E. After the department has approved the remediation and
vacated the notice of contamination, the owner or owner’s agent is not required
to comply with 20.4.5.13 NMAC and may remove the notice of contamination and
allow any person to enter, use, occupy, rent, or sell the property.
[20.4.5.15 NMAC - N,
1/01/2008]
20.4.5.16 REQUIREMENTS FOR REMEDIATION OF RESIDUAL CONTAMINATION. The
evaluation and cleanup of residual contamination found at clandestine drug
laboratories after chemicals and equipment have been removed shall meet the
following standards.
A. Remediation Firms.
(1) Any preliminary
assessment, remediation, and post-remediation assessment of a clandestine drug
laboratory for the purpose of complying with this part shall be performed by a
remediation firm that meets the requirements of this subsection. The department recommends that the
remediation firm performing the preliminary and post-remediation assessments be
a different firm than the one that performs the remediation, to ensure
independent evaluation of work required and thoroughness of the remediation.
(2) The remediation firm
shall be under the direction of a certified industrial hygienist or be approved
and currently registered to perform such work with a state, county, or
municipal agency during the time the firm participates in the assessment or
remediation of residual contamination. A
firm’s approval, certification, or registration with another state to perform
assessments of residually contaminated properties will be accepted as meeting
this requirement.
(3) The department may
reject or require replacement of a remediation firm if one of the following
findings is made:
(a)
criminal activity,
(b)
disregard for public health or the environment,
(c)
failure to comply with this section or local ordinances, or
(d)
noncompliance with health and safety, or environmental rules or
standards.
B. Preliminary Assessment of the Property.
(1) The preliminary assessment shall include,
but not be limited to, the following elements.
(a) A review
of available information such as law enforcement reports and hazardous
materials team reports that provide information regarding the manufacturing
method, chemicals present, cooking areas, chemical storage areas, and observed
areas of contamination or waste disposal.
(b)
A physical inspection of the property, including but not limited to
living areas, storage areas, plumbing, ventilation systems, septic systems, and
outdoor areas, as necessary based on knowledge of the clandestine drug
laboratory operation.
(c)
Sampling and testing to determine the residual levels of contamination
if the preliminary assessment results in a recommendation that no further
remediation is required.
(2) A proposed work plan
for remediating the residually contaminated portion of the property shall be prepared by
the remediation firm that includes a description of the areas to be remediated
and a description of the recommended cleanup methods.
(3) The remediation firm shall provide the
owner with a written preliminary assessment report that includes the following
elements.
(a) Identification of manufacturing
methods, chemicals used, and actual and suspected areas of residual
contamination or waste disposal based on law enforcement reports, visual
observations, and knowledge of manufacturing method(s).
(b) The results of
testing for residual contamination.
(c) A copy of the
proposed work plan.
(4) In the event the remediation firm
determines that remediation is not required, the firm shall provide the owner
and the department’s hazardous waste bureau with a written basis for the
determination that includes the following statement signed by a certified
industrial hygienist or principal in the remediation firm certifying the
property meets the requirements in this section and that the no remediation is
required. Remediation firm’s certification: “I hereby declare that I am a certified
industrial hygienist or a principle in an approved remediation firm and that
this report fully and accurately describes the preliminary assessment of the
clandestine drug laboratory property named in the report. I certify that I have reviewed the results of
the assessment, including the sampling and testing results, and find that the
property meets the clearance levels in 20.4.5.17 NMAC for remediation of
residual contamination and does not require further remediation.”
C. Remediation of the Residually Contaminated
Portion of the Property. Once chemicals and equipment removal is
completed by the law enforcement agency or hazardous materials team, the owner
shall have a remediation firm remove and dispose of, or clean, the portions of
the property with residual contamination.
Both the interior and exterior residually contaminated portions of the
property shall be decontaminated in accordance with this section. Cleanup activities must be repeated until
testing indicates that contamination levels are below the clearance levels in 20.4.5.17
NMAC.
(1) Interior Decontamination.
The decontamination of the interior of the residually contaminated
portion of a property that will be occupied by people for any length of time
for any purpose shall meet the clearance levels listed in 20.4.5.17 NMAC.
At a minimum, the following steps shall be taken to decontaminate the
interior of a clandestine drug laboratory property.
(a)
Ventilate the property to remove or lower levels of residual volatile
organic compounds in indoor air.
(b)
Decontaminate or discard interior furnishings and household contents
including, but not limited, to carpets, drapes, and furniture.
(c)
Decontaminate structural
features and surfaces paying particular attention to heavily
contaminated areas such as those locations where the manufacturing occurred, or
where chemicals were stored, mixed or disposed.
(d)
Decontaminate interior surfaces of heating, ventilation and air
conditioning systems and plumbing drain lines and traps that are impacted by
residual contamination.
(e)
Remove or seal interior surfaces where residual contamination can not be
effectively removed by cleaning.
(2) Exterior Decontamination.
Waste from clandestine drug laboratories are typically disposed of by
dumping into indoor plumbing drains that empty either into a city sewer system
or an onsite septic system or dumping on the ground into burn or burial
pits. If evidence of exterior
contamination is found at a clandestine drug laboratory property, the
remediation firm shall respond as follows.
(a)
Collect and analyze soil samples from areas where there is evidence that
clandestine drug laboratory wastes have been directly disposed on the ground.
(b)
Collect and analyze samples from septic tanks and drain fields if
present.
(c)
Collect and analyze samples from all wells within 100 feet of impacted septic systems, drain fields, and
disposal areas for contaminants of concern.
(d)
Contact the department’s hazardous waste bureau for information on
media-specific cleanup requirements.
(3) Vehicle Decontamination. For
vehicles, including recreational vehicles, campers and trailers, the
remediation firm shall follow the requirements listed in Paragraph (1) of
Subsection C of 20.4.5.16 NMAC for interior
decontamination. The cost of remediation
may not make decontamination cost effective for many vehicles, in which case
the entire vehicle shall be demolished.
(4) After the remediation is complete, the
remediation firm shall notify the owner that the property is ready for
post-remediation inspection.
D. Post-Remediation Assessment of the Property.
(1) The post-remediation assessment shall
include, but not be limited to, a visual inspection, review of the scope of
remediation work performed, and testing necessary to certify compliance with
the requirements for remediation of residual contamination in this section.
(2) Samples must be collected from the
property interior and submitted to a laboratory for analysis. If the results show that the clearance levels
listed in 20.4.5.17 NMAC have not been achieved, further remediation shall be
performed as necessary to achieve the clearance levels.
(3) When the remediation firm determines that
the remediation of the residually contaminated portion of the property was
completed pursuant to the requirements for remediation of residual
contamination in this section, a final remediation report with a statement
signed by a certified industrial hygienist or principal in the remediation firm
certifying the remediation of the residually contaminated portion of the
property was completed pursuant to the requirements for remediation of residual
contamination shall be prepared. The
remediation firm shall deliver the remediation report or send the report by
certified mail to the owner and the department’s hazardous waste bureau chief
within 21 days of completion of the remediation pursuant to Subsection C of 20.4.5.16
NMAC. The remediation report certifying
that remediation of the residually contaminated portion of the property shall
not be in lieu of any certificate of occupancy or any building inspection, if
required by a county or municipality.
(4) The remediation firm preparing the
remediation report shall maintain that document and all supporting materials
for three years.
E. Remediation Report. The remediation report shall include the
following information and documentation.
(1)
Information demonstrating the
remediation firm’s qualifications, the name and qualifications of the certified
industrial hygienist or other principal of the remediation firm, and the names
and training records of the onsite supervisor and workers that performed the
remediation services on the residually contaminated portion of the real
property.
(2) Complete identifying
information of the real property such as street address, mailing address, owner
of record, legal description, county tax or parcel identification number, or
vehicle identification number if appropriate.
(3)
A copy of the final remediation work plan.
(4) A summary of the
remediation services completed on the residually contaminated portion of the
real property, and any deviations from the approved work plan.
(5)
Photographs documenting the remediation services and showing each of the
sample locations, and a drawing or sketch of the residually contaminated areas
that depict the sample locations.
(6) Diagram showing
locations of all wells on the property and all wells on properties within 250
feet of any septic system, drain field, waste disposal areas on the subject
property.
(7)
A copy of the sampling and testing results and a copy of the
chain-of-custody documents for all samples from the residually contaminated
portion of the real property.
(8)
A summary of the waste characterization work, any waste sampling and
testing results, and transportation and disposal documents, including bills of
lading or manifest, weight tickets and waste receipts for all materials removed
from the property.
(9)
The following statement signed by a certified
industrial hygienist or principal in the remediation firm certifying
that the residually contaminated portion of the property has been remediated in
accordance with 20.4.5.16 NMAC. Remediation firm’s
certification: “I hereby declare that I am a certified
industrial hygienist or a principle in an approved remediation firm and that
this report fully and accurately describes the remediation of the clandestine
drug laboratory property named in the report.
I certify that I have reviewed the results of the remediation, including
the post-remediation assessment results, and find that the remediation was
completed pursuant to the requirements for remediation of residual
contamination in 20.4.5.16 NMAC.”
[20.4.5.16 NMAC - N,
1/01/2008; A, 1/01/2008]
20.4.5.17 CLEARANCE
LEVELS FOR RESIDUAL CONTAMINATION. At a minimum, the remediation
firm shall conduct sampling and testing for all of the constituents listed
below unless evidence indicates that such constituents were not used in the
operation of the clandestine drug laboratory.
All interior areas of the residually contaminated portion of a property
that will be occupied by people for any length of time for any purpose and all
furnishings and materials intended for reuse shall meet the following post-remediation
clearance levels.
|
|
Constituent |
Clearance Level |
|
|
|
Unlawfully
manufactured controlled substance or its precursor drugs |
Surface area wipe
<1.0 μg/ft2 |
|
|
|
Volatile organic
compounds (total) |
Indoor air ≤
1 part per million |
|
|
|
Lead (total) |
Surface area wipe
≤ 40 μg/ft2 |
|
|
|
Mercury (vapor) |
Indoor air <
0.3 μg/m3 |
|
|
|
Corrosives |
Surface pH of 6.0
to 8.0 |
|
[20.4.5.17 NMAC - N,
1/01/2008]
20.4.5.18 APPROVAL
OF REMEDIATION.
A. Upon
receipt of the remediation report, the department shall review the report to
determine if the remediation of the residually
contaminated portion of the property was completed pursuant to the requirements
in this part within 30 days.
B. The department
shall notify the owner or the owner’s agent whether or not it approves the
remediation report and agrees that the remediation is complete within seven
days of completion of the department’s review.
C. If the department
does not approve the remediation report, it shall inform the owner or the
owner’s agent and state the reasons for disapproval. The owner shall take the appropriate
corrective action within a time period allowed by the department.
[20.4.5.18 NMAC - N,
1/01/2008]
20.4.5.19 PREEMPTION
OF CLANDESTINE DRUG LABORATORY REMEDIATION RULES.
A. Where
a county or municipality has adopted an ordinance or other rule regarding the
remediation of clandestine drug laboratories
before the effective date of this part,
the county or municipality may continue to apply and enforce such rules in lieu
of the rules in this part.
B. Where
a county or municipality has adopted an ordinance or other rules regarding the
remediation of clandestine drug laboratories and remediation is performed under
such ordinance or rule, the cognizant law enforcement agency shall still
deliver notice of contamination to the department in accordance with Paragraph
(4) of Subsection A of 20.4.5.10 NMAC.
[20.4.5.19 NMAC - N,
1/01/2008]
20.4.5.20 FAILURE
TO COMPLY.
A. Failure to comply with the remediation standards required
by this part may result in enforcement proceedings under Section 74-4-10
NMSA 1978, including but not limited to the following
actions.
(1) Issuing a compliance order requiring
compliance immediately or within a specified time period or assessing a civil
penalty up to $10,000 per day of noncompliance for each violation or both.
(2) Commencing a civil action in district
court for appropriate relief, including a temporary or permanent injunction.
B. A
person who fails to comply with the remediation standards required by this part
is guilty of a petty misdemeanor under Section 74-1-10 NMSA 1978.
[20.4.5.20 NMAC - N,
1/01/2008]
20.4.5.21 SEVERABILITY. If
any provision or application of this part is held invalid, the remainder, or
its application to other situations or persons, shall not be affected.
[20.4.5.21 NMAC - N,
1/01/2008]
HISTORY OF 20.4.5 NMAC: [RESERVED]