N.M. Admin. Code § 20.4.5.16

Current through Register Vol. 35, No. 20, October 22, 2024

Section 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."

N.M. Admin. Code § 20.4.5.16

20.4.5.16 NMAC - N, 1/01/2008; A, 1/01/2008