N.M. Admin. Code § 20.4.5 § 17
CLEARANCE LEVELS FOR RESIDUAL CONTAMINATION
Operative Text
At a minimum, the remediation firm shall conduct sampling and testing for all of the constituents listed below unless evidence indicates that such constituents were not used in the operation of the clandestine drug laboratory. All interior areas of the residually contaminated portion of a property that will be occupied by people for any length of time for any purpose and all furnishings and materials intended for reuse shall meet the following post-remediation clearance levels. Constituent Clearance Level Unlawfully manufactured controlled Surface area wipe <1.0 substance or its precursor drugs μg/ft2 Volatile organic compounds (total) Indoor air ≤ 1 part per million Lead (total) Surface area wipe ≤ 40 μg/ft2 Mercury (vapor) Indoor air < 0.3 μg/m3 Corrosives Surface pH of 6.0 to 8.0 [20.4.5.17 NMAC - N, 1/01/2008]
NMAC 20.4.5 § 17 establishes the minimum contamination thresholds that must be met before any interior area of a former clandestine drug laboratory property can be considered safe for occupancy or reuse. After remediation, specific constituents—including residual controlled substances, volatile organic compounds, lead, mercury vapor, and corrosives—must each fall at or below defined clearance levels measured by surface wipe tests, indoor air sampling, or pH readings. These standards apply to all interior spaces intended for any human use, as well as to any furnishings or materials that will be kept and reused.
Plain English — not legal advice.
Property owners and managers dealing with a former clandestine drug laboratory site should be aware that NMAC 20.4.5 § 17 requires the remediation firm—not just the owner—to conduct sampling and testing for each listed constituent unless documented evidence shows a particular substance was never present at the site. A compliant operator retains all post-remediation test results demonstrating that clearance levels were achieved for controlled substances, VOCs, lead, mercury vapor, and corrosives before allowing any occupancy or reuse of affected spaces. Keeping thorough records of the remediation firm's findings and clearance certifications is a standard practice for demonstrating compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under NMAC 20.4.5 § 17, tenants have an interest in knowing whether a property they occupy or plan to occupy was formerly used as a clandestine drug laboratory and whether it has been properly remediated to the required clearance levels for substances such as residual controlled substances, lead, and mercury vapor. If a tenant has reason to believe a property was not tested or did not meet these post-remediation standards, they may consider contacting the New Mexico Environment Department or a local tenant-rights organization to understand what records or certifications should be available. Raising the absence of documented clearance under this provision may be relevant in housing complaints or other proceedings related to habitability.
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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