Title 12, Chapter 8, Section 70
( 12-8-70)
(a) The director or the director's authorized representative, upon
presentation of his credentials, shall have a right to enter upon,
to, or through premises of persons subject to this article, or
premises whereon a violation of the article or rules and regulations
is reasonably believed to be occurring or is reasonably believed to
be about to occur, to investigate, take samples, copy all records
relating to hazardous wastes, and inspect for compliance with the
requirements imposed under this article or the rules and regulations
or to determine whether such a violation or threatened violation
exists in accordance with the following purposes: (1) For the purpose of determining whether any person subject to
the requirements of this article is in compliance with any
standard or requirement imposed pursuant to this article; (2) For the purpose of investigating conditions relating to
hazardous waste management or hazardous waste management practices
where the director is in possession of information sufficient to
form a reasonable belief that a violation of this article or the
rules and regulations is occurring or is about to occur; (3) For the purpose of determining whether there has been a
violation of any of the provisions of this article, the rules and
regulations promulgated under this article, or any permit or order
issued pursuant to this article and the rules and regulations; or (4) For the purpose of determining whether a release of hazardous
wastes, hazardous constituents, or hazardous substances is
occurring or has occurred. (b) In the event any person does not consent to an inspection or
investigation, the director or his authorized representative may
seek to obtain a warrant authorizing the inspection or
investigation. (c) Each such inspection or investigation shall be commenced and
completed with reasonable promptness. If the director or his
authorized representatives obtain any samples prior to leaving the
premises, he or they shall give to the owner, operator, or agent in
charge a receipt describing the sample obtained and, if requested, a
portion of each such sample equal in volume or weight to the portion
retained. If any analysis is made of such samples, a copy of the
results of such analysis shall be furnished promptly to the owner,
operator, or agent in charge. (d) Any person whom the agency has reason to believe is contributing
to or may have contributed to or may be responsible for a release of
or the disposal of hazardous wastes, hazardous constituents, or
hazardous substances or who is the owner of real property where a
release or disposal has occurred or is suspected to have occurred,
when requested by the director, shall furnish to the director any
information which that person may have or may reasonably obtain
which is relevant to the release and has been requested by the
director. |