20.4.5.10

NOTICE OF CONTAMINATION.

1. 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.

2. 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]