20.4.5.13

USE AND TRANSFER OF CLANDESTINE DRUG LABORATORY.

1. A. An owner shall not sell, lease, rent, loan, assign, exchange or otherwise transfer the clandestine drug laboratory property unless the owner does the following:

   (1) provides written notice to the purchaser, lessee, renter, borrower, assignee, exchange partner or other transferee, with a copy to the department’s hazardous waste bureau, of the existence of the clandestine drug laboratory; and

   (2) receives a written acknowledgment, and provides a copy to the department’s hazardous waste bureau, that the notice was received by the purchaser, lessee, renter, borrower, assignee, exchange partner or other transferee.

2. B. A person other than the owner or the owner's agent may not enter, occupy, or use the clandestine drug laboratory or otherwise knowingly and intentionally violate the provisions of the notice of contamination until remediation of the residually contaminated portion of the property has taken place in accordance with 20.4.5.16 NMAC. Persons performing work for a law enforcement agency, the department, or a remediation firm are excepted from this prohibition.

[20.4.5.13 NMAC - N, 1/01/2008]