N.M. Admin. Code § 20.4.5.7

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

Section 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.

N.M. Admin. Code § 20.4.5.7

20.4.5.7 NMAC - N, 1/01/2008