N.M. Admin. Code § 20.4.5 § 16

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]