N.M. Code R. § 20.11.20.22 - DEMOLITION AND RENOVATION ACTIVITIES; FUGITIVE DUST CONTROL CONSTRUCTION PERMIT AND ASBESTOS NOTIFICATION REQUIREMENTS

No person shall demolish any building containing over 75,000 cubic feet of space without first delivering to the department a fugitive dust control construction permit application and fugitive dust control plan with the fee required by 20.11.2 NMAC. No active operations shall commence until a department manager, supervisor, scientist, field operations officer or health specialist signs a fugitive dust control construction permit and a copy of the signed permit is available at the site of active operations. Failure to obtain a fugitive dust control construction permit prior to commencement of demolition activities as described in 20.11.20.22 NMAC shall be a violation of 20.11.20 NMAC. All demolition and renovation activities shall employ reasonably available control measures at all times, and, when removing asbestos containing materials (ACM), shall also comply with the federal standards incorporated in 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources. A person who demolishes or renovates any commercial building, residential building containing five or more dwellings, or a residential structure that will be demolished in order to build a nonresidential structure or building shall file an asbestos notification with the department no fewer than 10 calendar days before the start of such activity. Written asbestos notification certifying to the presence of ACM is required even if regulated ACM is not or may not be present in such buildings or structures. Failure to provide proper asbestos notification shall be a violation of the requirements of 20.11.64 NMAC. Knowingly violating provisions of 20.11.64 NMAC is a fourth-degree felony pursuant to the New Mexico Air Quality Control Act, 74-2-14.C.3 NMSA 1978.

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N.M. Code R. § 20.11.20.22

20.11.20.22 NMAC - Rp, 20.11.20.22 NMAC, 3/17/08