N.M. Admin. Code § 20.4.5 § 10
NOTICE OF CONTAMINATION
Operative Text
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]
NMAC 20.4.5 § 10 establishes a formal notification chain that activates whenever a law enforcement agency identifies a clandestine drug laboratory where chemicals, equipment, or residual contamination were found. The agency must post a visible contamination notice at the site, attempt to hand-deliver copies to the property owner or on-site manager, and forward a copy to the state's hazardous waste bureau chief within seven days. If personal delivery to the owner is not possible, the New Mexico Environment Department follows up by sending the notice via certified mail to the owner's address on file with the county assessor, and the owner is legally presumed to have received it five days after mailing.
Plain English — not legal advice.
Under NMAC 20.4.5 § 10, property owners are placed on legal notice of drug-laboratory contamination either through direct delivery at the scene, documented posting at the property, or certified mail sent to the address on record with the county assessor. Compliant property owners and managers generally maintain current contact information with the county assessor so that official notices reach them promptly. Operators of mobile home or recreational vehicle space-rental parks should also be aware that this provision specifically addresses notice obligations for tenant-owned units within those parks.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMAC 20.4.5 § 10 gives occupants of tenant-owned units in mobile home or recreational vehicle parks a direct right to receive a copy of the contamination notice when they are on site at the time of delivery. Tenants in any property identified as a clandestine drug laboratory site should be aware that a posted notice of contamination carries legal weight and signals that the property may be subject to remediation requirements under New Mexico's hazardous waste rules. Tenants who believe proper notice was not provided, or who have concerns about contamination affecting their housing, may wish to contact the New Mexico Environment Department's hazardous waste bureau or a local tenant-rights organization for general information about next steps.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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