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Mosquito Abatement Act 1995
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EPA Mosquito Abatement Act
Mosquito Abatement and Control -- 20NMAC 8.1
Statutory Authority: NMSA 1978, § 74-1-8.
Regulation Effective as of: 11/30/95
ENVIRONMENTAL IMPROVEMENT BOARD
P.O. BOX 26110/1190 ST. FRANCIS DRIVE
SANTA FE, NEW MEXICO 87502
(575) 827-2842
TITLE 20 ENVIRONMENTAL PROTECTION
CHAPTER 8 NUISANCE ABATEMENT
PART 1 MOSQUITO ABATEMENT AND CONTROL
100. ISSUING AGENCY. Environmental Improvement Board.
[11-30-95]
101. SCOPE. All persons having ownership of or control over any
property upon which water may collect. [11-30-95]
102. STATUTORY AUTHORITY. NMSA 1978, § 74-1-8. [11-30-95]
103. DURATION. Permanent. [11-30-95]
104. EFFECTIVE DATE. November 30, 1995. [11-30-95]
105. OBJECTIVE. To prevent or control the occurrence of
mosquitoes that are a nuisance or are capable of transmitting
disease to man or domestic animals. [9-22-72; 11-30-95]
106. DEFINITIONS. As used in this Part: [9-22-72; 11-30-95]
A. "abatement" means the control or elimination of
mosquitoes by elimination of their breeding sources or by
poisoning, spraying, or the use of biological and environmental
controls, or any other method approved by the Department;
[9-22-72; 11-30-95]
B. "collection of water" includes any collection of water
contained in ditches, borrow pits, pools, crop fields, ponds,
streams, excavations, holes, depressions, open cesspools, privy
vaults, fountains, cisterns, tanks, shallow wells, troughs,
sewage oxidation ponds and lagoons, barrels, urns, cans, boxes,
bottles, tubes, buckets, roof gutters, tanks of flush closets,
reservoirs, vessels, receptacles of any kind, or other containers
or devices which may hold water; [9-22-72]
C. "Department" means the New Mexico Environment
Department; [9-22-72; 11-30-95]
D. "mosquito" means any arthropod belonging to the Class
Insects, Order Diptera, Family Culicidae, Subfamily Culicinae;
[9-22-72]
E. "mosquito larvae" means the immature aquatic stages of
mosquitoes occurring between the egg and pupal stages; [9-22-72]
F. "mosquito pupae" means the aquatic stages between the
larval and adult stages of mosquitoes; and [9-22-72]
G. "person" means any individual, partnership, firm public
or private corporation, trust, estate, company, society,
political subdivision or agency, or any other legal entity or
their legal representatives, agents or assigns. [9-22-72]
107. PROHIBITED ACTS. No person shall create or maintain any
collection of water in or on which mosquitoes breed or are likely
to breed unless approved methods of abatement are employed as
specified by the Department. The presence of mosquito larvae or
mosquito pupae, or both, in collections of water shall constitute
conclusive evidence that mosquitoes are breeding there.
[9-22-72; 11-30-95]
108. APPROVED METHODS OF ABATEMENT. Approved methods of
mosquito abatement may consist of one or more of the following
procedures: [9-22-72]
A. eliminate collections of water by filling or draining;
[9-22-72]
B. free collections of water of all vegetative growth,
floating debris and other obstruction; [9-22-72]
C. clean premises by disposal, removal or destruction of
the cans, boxes, broken or empty bottles, vehicles, tires and
similar articles likely to hold water; [9-22-72]
D. empty collections of water every four (4) days;
[9-22-72]
E. stock collections of water with mosquito-destroying
fish; [9-22-72]
F. screen collections of water with corrosion resistant
netting of at least 16 meshes to the inch each way, or with other
material which will effectually prevent the ingress and egress of
mosquitoes; [9-22-72]
G. treat collections of water with chemicals approved by
the Department; or [9-22-72; 11-30-95]
H. any other method approved by the Department. [9-22-72;
11-30-95]
109. SEVERABILITY. If any provision of application of this Part
is held invalid, the remainder, or its application to other
situations or persons, shall not be affected. [11-30-95]
110. AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS. This Part
shall be construed as amending and superseding the Regulations
Governing Mosquito Abatement and Control, EIB 72-1, filed
August 23, 1972. All references to the Regulations Governing
Mosquito Abatement and Control in any other rule shall be
construed as a reference to this Part. [11-30-95]
111. SAVING CLAUSE. Supersession of the Regulations Governing
Mosquito Abatement and Control shall not affect any
administrative or judicial enforcement action pending on the
effective date of this Part. [11-30-95]
112. COMPLIANCE WITH OTHER REGULATIONS. Compliance with this
Part does not relieve a person from the obligation to comply with
other applicable state and federal regulations. [11-30-95]
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This page last updated 11/15/96
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