N.M. Admin. Code § 20.4.5.15

Current through Register Vol. 35, No. 21, November 5, 2024

Section 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.

N.M. Admin. Code § 20.4.5.15

20.4.5.15 NMAC - N, 1/01/2008