New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 4 - HAZARDOUS WASTE › Part 5 - CLANDESTINE DRUG LABORATORY REMEDIATION › Section 20.4.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in this part, the words and phrases
				  used in this part have the same meanings as in Sections
				  74-4-1
				  through
				  74-4-14
				  NMSA 1978 (as amended), and 20.4.1 NMAC. As used in this part.
A. "Certified industrial hygienist" means a
				person certified in the comprehensive practice of industrial hygiene by the
				American board of industrial hygiene.
B. "Chemicals and equipment" means the bulk
				or containerized chemicals, illegal drugs and their precursors drugs, equipment
				and other items that are found in a clandestine drug laboratory that were used
				in the manufacture of any controlled substance.
C. "Clandestine drug laboratory" means
				property on which any controlled substance is being unlawfully manufactured or
				on which there is an attempt to unlawfully manufacture, or where a person is
				arrested for having on any property any chemicals or equipment used in
				manufacturing any controlled substance. In the case of a space rental mobile
				home or recreational vehicle park, clandestine drug laboratory means the mobile
				home or recreational vehicle in which any controlled substance is being
				manufactured or where a person is arrested for having in the mobile home or
				recreational vehicle any chemicals or equipment used in manufacturing any
				controlled substance. Clandestine drug laboratory shall include any place or
				area where chemicals or other waste materials used in clandestine drug
				laboratories have been located.
D.
				"Controlled substance" means any drug or substance or counterfeit substance
				listed in the Controlled Substances Act,
				30-31-1
				NMSA 1978, or regulations adopted thereunder.
E. "Department" means the New Mexico
				environment department or its successor agency under the Department of
				Environment Act,
				9-7A-1 NMSA
				1978.
F. "Law enforcement officer"
				means any employee of a police or public safety department administered by the
				state or any political subdivision of the state where the employee is
				responsible for the prevention and detection of crime and the enforcement of
				the penal, traffic or highway laws of this state as defined in Section
				30-20A-2.D
				NMSA 1978, and specifically includes Albuquerque police department nuisance
				abatement inspectors.
G. "Owner"
				means any person, firm, corporation or other entity that owns, in whole or in
				part, the property subject to this part.
H. "Owner's agent" means person designated by
				the owner to act on behalf of the owner.
I. "Property" means real or personal
				property, which includes the following:
(1)
				the area within a structure and the area that surrounds a structure and that is
				within the land boundary or property lines of any property that can be used for
				residential purposes or is occupied by people for any length of time for any
				purpose, and
(2) a vehicle as
				defined in Section
				66-1-4.19
				NMSA 1978 (as amended).