§ 23-23-12. Tests.
Whenever the director has reason to believe that emission is occurring in excess of
that permitted under any rule, regulation, or order made under this chapter, the director
may, without hearing, conduct tests to determine the emission of air contaminants
from premises, buildings, or other places belonging to or controlled by any person,
or to require the person to provide any information as he or she may request regarding
this emission. The person owning or controlling the premises, building, or other place
to be tested shall provide the director or his or her representatives or consultants
access during working hours
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§ 23-23-12. Tests.
Whenever the director has reason to believe that emission is occurring in excess of
that permitted under any rule, regulation, or order made under this chapter, the director
may, without hearing, conduct tests to determine the emission of air contaminants
from premises, buildings, or other places belonging to or controlled by any person,
or to require the person to provide any information as he or she may request regarding
this emission. The person owning or controlling the premises, building, or other place
to be tested shall provide the director or his or her representatives or consultants
access during working hours. The director, his or her representatives, or consultants
shall be empowered to erect scaffolding and to provide necessary holes and stack or
duct work or other sampling and test facilities. The director may specify the testing
method to be used by qualified personnel in accordance with good professional practice,
and should that test show that a violation of a rule or regulation made under this
chapter any order of the director was occurring, the person shall pay in addition
to any other regulatory, civil, and/or criminal penalties the entire cost of the test
or tests and an additional administrative fine of up to one hundred percent (100%)
of the cost of the test or tests. Those costs and fines shall be deposited as general
revenues.