§ 8-6-2011 — Environmental officer authority

(a) An environmental officer under this subchapter may perform one (1) or more of the following duties to ensure compliance with and enforcement of this subchapter: (1) Upon a showing of probable cause regarding environmental violations, and subject to the administrative warrant requirements in subsection (c) of this section, enter upon any public or private property for the purpose of obtaining information or conducting investigations or inspections; (2) Collect evidence of illegal dumping of solid waste and littering and present the evidence to the prosecuting attorney or a court of competent jurisdiction where the offense was committed; and (3) Perform all other duties specified in this subchapter necessary for the administration and enforcement of this subchapter. (b) An environmental officer, acting solely under his or her authority as granted in this subchapter, shall not have the power of arrest. (c) (1) When an environmental officer obtains information that supports probable cause to believe that a violation of a law within his or her regulatory authority is being or has been violated, the environmental officer may demand entry onto any property, public or private, to conduct inspections. (2) If consent to inspect is denied, the environmental officer may obtain an administrative warrant from a judicial officer. (3) The issuance and execution of an administrative warrant under subdivision (c)(2) of this section shall be as follows: (A) A judge or magistrate otherwise authorized to issue search warrants within his or her jurisdiction may, upon proper oath or affirmation showing probable cause, issue an administrative warrant for the purpose of conducting inspections authorized by this subchapter; (B) (i) A judge or magistrate shall issue an administrative warrant only upon an affidavit of an environmental officer having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the administrative warrant. (ii) If the judge or magistrate is satisfied that grounds for the application for an administrative warrant exist or that there is probable cause to believe the grounds exist, he or she shall issue an administrative warrant identifying the site to be inspected, and the purpose of the inspection. (iii) The administrative warrant shall: (a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support of the inspection; (b) Be directed to an environmental officer; (c) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified; (d) Specifically identify any documents or samples to be gathered during the inspection; (e) Direct that it be served during normal business hours unless emergency or extraordinary circumstances compel otherwise; and (f) Designate the judge or magistrate to whom it shall be returned; (C) (i) If appropriate, the administrative warrant may authorize the review and copying of documents that may be relevant to the purpose of the inspection. (ii) (a) If documents must be seized for the purpose of copying, the person serving the administrative warrant shall prepare an inventory of documents taken. (b) The inventory shall be made in the presence of the person executing the administrative warrant and of the person from whose possession or facility the documents were taken, if present, or in the presence of at least one (1) credible person other than the person executing the administrative warrant. (c) A copy of the inventory shall be delivered to the person from whom or from whose site the documents were taken. (iii) The seized documents shall be copied as soon as feasible under circumstances preserving their authenticity, then returned to the person from whom the documents were taken; (D) (i) The administrative warrant may authorize the taking of samples of materials generated, stored, or treated at the site. (ii) The person executing the administrative warrant shall prepare an inventory of all samples taken. (iii) In any inspection conducted pursuant to an administrative warrant in which samples are taken, the environmental officer shall make split samples available to the person whose site is being inspected; (E) (i) An administrative warrant issued pursuant to this section is required to be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the judge or magistrate orders otherwise. (ii) The return of the administrative warrant shall be made promptly, accompanied by a written inventory of any documents or samples taken; (F) The judge or magistrate who has issued an administrative warrant shall attach to the administrative warrant a copy of the return and all papers returnable in connection with the administrative warrant and file them with the clerk of the circuit court or district court for the judicial district in which the inspection was made; and (G) A copy of the administrative warrant and all supporting affidavits shall be provided to the person served or left at the entry of the site inspected. (d) Notwithstanding subsection (c) of this section, an administrative warrant is not required for any inspection under the following circumstances: (1) If the owner, operator, or agent in charge of the site consents; (2) In situations presenting imminent danger to public health and safety or the environment; (3) In situations involving inspection of conveyances, if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain an administrative warrant; (4) In any other exceptional or emergency circumstance when time or opportunity to apply for an administrative warrant is lacking; (5) In situations involving conditions that may be observed in an open field, from an area practically open to public access, or in plain view; or (6) In all other situations in which an administrative warrant is not constitutionally required.

Legislative History

Amended by Act 2021, No. 749,§ 6, eff. 7/28/2021. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.