Current through Register Vol. 54, No. 44, November 2, 2024
(a) The
Department and its agents and employes will:
(1) Have access to, and require the
production of, books and papers, documents and physical evidence pertinent to
matters under investigation.
(2)
Require a person or municipality engaged in the storage, transportation,
processing, treatment or disposal of a residual waste to establish and maintain
the records and make reports and furnish information as the Department may
prescribe.
(3) Enter a building,
property, premises or place where residual waste is generated, stored,
processed, treated or disposed for the purpose of making an investigation or
inspection necessary to ascertain the compliance or noncompliance by the person
or municipality with the provisions of the act, the environmental acts and the
regulations thereunder.
(4) In
connection with an inspection or investigation, samples may be taken of solid,
semisolid, liquid or contained gaseous material for analysis. If an analysis is
made of the samples, a copy of the results of the analysis will be furnished
within 5 business days after receiving the analysis from the laboratory to the
person having apparent authority over the building, property, premises or
place.
(b) The
Department, its employes and agents may conduct routine inspections as follows:
(1) For residual waste landfills and residual
waste disposal impoundments, at least 12 times per year.
(2) For residual waste incinerators and
resource recovery facilities, at least 2 times per year.
(3) For transfer facilities, composting
facilities and processing facilities, at least 4 times per year.
(4) For facilities for the agricultural
utilization of residual waste, or for utilization of residual waste for land
reclamation, at least 2 times per year.
(5) For facilities and beneficial use areas
subject to permit-by-rule under §
287.102 (relating to
permit-by-rule), general permit for beneficial use or processing, or both,
under §§
287.611,
287.612,
287.621-287.625,
287.631,
287.632, 287.641-287.644, 287.651
and 287.652 and beneficial use areas under §§
287.661-287.665, at least once per
year.
(c) The Department,
its employes and agents may conduct additional inspections, including follow-up
inspections, of residual waste processing, treatment, disposal, storage,
collection and transportation facilities or to observe practices or conditions
related to public health, safety, welfare or the environment, compliance with
the act, the environmental protection acts, this title, the terms or conditions
of a permit or a requirement of an order.
(d) The Department, its employes and agents
may also conduct inspections of residual waste processing, treatment, disposal,
storage, collection or transportation activities or facilities, if the person
or municipality presents information to the Department which gives the
Department reason to believe that:
(1) A
person or municipality may have engaged in unlawful conduct under the
act.
(2) A person or municipality
may have violated an environmental protection act.
(3) A condition exists which may pose a
threat to public health, safety, welfare or the environment.
(e) This section does not create a
duty on the Department to conduct a minimum number of inspections per year at a
facility.
(f) This section does not
create defenses to Department actions.
