N.M. Admin. Code § 20.4.5 § 15
OWNER RESPONSIBILITIES FOR REMEDIATION
Operative Text
A. The owner of the property shall retain a remediation firm to perform a preliminary assessment of the residually contaminated portion of the property to determine the extent of the contamination and the nature of the required remediation within seven days of the day of delivery of the notice of contamination to the owner. The preliminary assessment shall be completed within 21 days after delivery of the notice of contamination to the owner. (1) If the preliminary assessment determines that remediation is not required, the owner shall send a copy of the assessment to the department’s hazardous waste bureau chief within seven days of receipt of the results of the preliminary assessment, which shall be reviewed in accordance with 20.4.5.18 NMAC. (2) The owner may choose to forego a preliminary assessment and conduct the remediation in accordance with Subsection B of this section. B. The owner shall retain a remediation firm to conduct the remediation within 14 days of receipt of the results of the preliminary assessment when this preliminary assessment determines that remediation is required or, in event where a preliminary assessment was not performed pursuant to Paragraph (2) of Subsection A of this section, within 30 days of the day of delivery of the notice of contamination to the owner. C. The owner shall complete remediation and the post remediation assessment in accordance with the requirements of this part within 90 days of the day of delivery of service of the notice of contamination to the owner or for such other period of time that is approved in writing by the department. D. The owner shall retain a remediation firm to perform a post-remediation assessment of the residually contaminated portion of the property to determine that the requirements for remediation of residual contamination in this part have been met within seven days of receiving notice from the remediation firm that the residually contaminated portion of the property has been remediated. E. After the department has approved the remediation and vacated the notice of contamination, the owner or owner’s agent is not required to comply with 20.4.5.13 NMAC and may remove the notice of contamination and allow any person to enter, use, occupy, rent, or sell the property. [20.4.5.15 NMAC - N, 1/01/2008]
NMAC 20.4.5 § 15 establishes a structured timeline of responsibilities that fall on a property owner once they receive an official notice of contamination for residually contaminated property. The owner must arrange for a licensed remediation firm to conduct a preliminary assessment within seven days of receiving the notice, with that assessment completed within 21 days. If remediation is found necessary, the owner must hire a firm to carry it out and complete both the remediation and a post-remediation assessment within 90 days of the original notice, unless the department approves a different timeframe in writing. Once the department approves the remediation and formally vacates the notice, the property may again be freely entered, used, occupied, rented, or sold.
Plain English — not legal advice.
Under NMAC 20.4.5 § 15, compliant property owners act quickly upon receiving a notice of contamination: they engage a qualified remediation firm within seven days and ensure the preliminary assessment wraps up within 21 days. Operators who receive a finding that remediation is required then retain a firm to conduct that work within 14 days of the assessment results, keeping the 90-day overall completion deadline in view. Owners who need more time coordinate with the department for written approval of an extended schedule, and they hold off on re-renting or re-occupying the affected portion of the property until the department has formally vacated the notice of contamination.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMAC 20.4.5 § 15 directly affects tenants because it restricts an owner from allowing anyone to enter, use, occupy, or rent a residually contaminated property until the state department has approved the remediation and officially vacated the notice of contamination. This means tenants have a regulatory basis to expect that a property subject to a contamination notice is not lawfully available for occupancy until those steps are completed. Tenants who believe a landlord may be renting or re-occupying a property in violation of these requirements can contact the New Mexico Environment Department's hazardous waste bureau or consult a tenant-rights organization familiar with environmental housing issues.
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.
Effective Timeline
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