§ 75-10-410 — Inspections -- Sampling

75-10-410 . Inspections -- sampling. (1) (a) An employee or agent of the department, at any reasonable time and upon presentation of credentials, may enter upon and inspect any property, premises, or place at which:
(i) hazardous wastes are or have been generated, stored, treated, disposed of, or loaded for transportation;
(ii) used oil is or has been generated, stored, treated, disposed of, or loaded for transportation; or
(iii) records pertinent to the used oil or hazardous waste activities are maintained.
(b) The employee or agent of the department may have access to and may copy any records relating to the used oil or hazardous wastes for the purposes of developing rules under this part or enforcing the provisions of this part, rules adopted under this part, or a permit or an order issued under this part.
(2) In the course of an inspection under this section, the employee or agent of the department may take samples of any substances, used oil, or wastes, including samples from any soil or ground water or from any vehicle in which used oil or wastes are transported, or samples of any containers or labeling for the substances, used oil, or wastes. If the employee or agent of the department takes a sample of any used oil, hazardous waste, or suspected hazardous waste, the employee or agent shall, prior to leaving the premises, give to the owner, operator, or agent in charge a receipt describing the sample taken and, if requested, a portion of each sample equal in volume or weight to the portion retained. If any analysis is made of the samples, a copy of the results of the analysis must be furnished to the owner, operator, or agent in charge.

Legislative History

En. Sec. 17, Ch. 358, L. 1981; amd. Sec. 5, Ch. 384, L. 1989; amd. Sec. 4, Ch. 28, L. 1995; amd. Sec. 23, Ch. 112, L. 1997.