§ 44-96-280 — Powers of the commissioner.

The director, upon receipt of information that any aspect of solid waste management within any publicly or privately owned facility, may present an imminent and substantial hazard to human health or safety or to the environment, and may take necessary action to protect human health or safety or the environment which may include, but is not limited to, the following: (1) entering the solid waste management facility in order to assess what actions may be necessary; (2) issuing or modifying an order directing the person responsible for facility operations to take appropriate action to prevent or eliminate the practice which is causing the hazard or a violation of any provision of this article or regulation promulgated pursuant to this article; (3) commencing an action to enjoin any act or practice that is causing the hazard; and (4) inspecting and obtaining samples from a person owning, operating, or supervising any solid waste management facility. However, the department shall provide, upon request, a sample of equal volume or weight to the person owning, operating, or supervising the facility. The department also shall provide such person with a copy of the results of the analysis of the samples after the results have been properly evaluated by the department to determine their validity.

Legislative History

HISTORY: 1991 Act No. 63, SECTION 1; 1993 Act No. 181, SECTION 1161.