Rule 391-3-11-.12. Inspection and Investigation

1. (1) The Director or his authorized representative, upon presentation of his credentials, shall have a right to enter upon, to or through premises of persons subject to this Act, or premises whereon a violation of the Act or rules and regulations is reasonably believed to be occurring or is reasonably believed to be about to occur, to investigate, take samples, copy all records relating to hazardous wastes, and inspect for compliance with the requirements imposed under the Act or the rules and regulations or to determine whether such a violation or threatened violation exists, in accordance with the following purposes:

   1. (a) for the purpose of determining whether any person subject to the requirements of the Act is in compliance with these rules;
   2. (b) for the purpose of investigating conditions relating to hazardous waste management or hazardous waste management practices where the Director is in possession of information sufficient to form a reasonable belief that a violation of the Act or these rules is occurring or is about to occur; or
   3. (c) for the purpose of determining whether there has been a violation of any of the provisions of the Act, or these rules, or any permit or order issued pursuant to the Act and these rules.
2. (2) In the event any person does not consent to an inspection or investigation, the Director or his authorized representative may seek to obtain a warrant authorizing the inspection or investigation pursuant to O.C.G.A. 12-2-2(d).
3. (3) Each such inspection or investigation shall be commenced and completed with reasonable promptness. If the Director or his authorized representatives obtain any samples prior to leaving the premises, he or they shall give to the owner, operator, or agent in charge a receipt describing the sample obtained and, if requested, a portion of each sample equal in volume or weight to the portion retained. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge.
4. (4) This Section of these rules shall be construed so as to be consistent with 3007(a) of the Federal Act, 42 U.S.C. 6927(a).

Authority: O.C.G.A. Sec. 12-8-60, et seq.

History. Original Rule entitled "Inspection and Investigation" adopted. F. Aug. 28, 1980; eff. Sept. 17, 1980.

Amended: F. Dec. 9, 1982; eff. Dec. 29, 1982.

Amended: F. Sept. 6, 1985; eff. Sept. 26, 1985.

Amended: F. Sept. 5, 1986; eff. Sept. 25, 1986.

Amended: F. Oct. 7, 1987; eff. Oct. 27, 1987.

Amended: F. June 8, 1988; eff. June 28, 1988.

Amended: F. Oct. 31, 1989; eff. Nov. 20, 1989.

Amended: F. Nov. 2, 1990; eff. Nov. 22, 1990.

Amended: F. Dec. 9, 1991; eff. Dec. 29, 1991.

Amended: F. Oct. 29, 1992; eff. Nov. 18, 1992.

Amended: F. Jan. 27, 1994; eff. Feb. 16, 1994.

Amended: F. Dec. 6, 1994; eff. Dec. 26, 1994.

Amended: F. Dec. 8, 1995; eff. Dec. 28, 1995.

Amended: F. Dec. 10, 1996; eff. Dec. 30, 1996.

Amended: F. Dec. 4, 1997; eff. Dec. 24, 1997.

Amended: F. Dec. 3, 1998; eff. Dec. 23, 1998.

Amended: F. Oct. 29, 1999; eff. Nov. 18, 1999.

Amended: F. Oct. 27, 2000; eff. Nov. 16, 2000.

Amended: F. Feb. 5, 2002; eff. Feb. 25, 2002.

Amended: F. Dec. 10, 2002; eff. Dec. 30, 2002.

Amended: F. Feb. 2, 2004; eff. Feb. 22, 2004.

Amended: F. Dec. 20, 2004; eff. Jan. 9, 2005.

Amended: F. Feb. 21, 2006; eff. Mar. 13, 2006.

Amended: F. June 3, 2008; eff. June 23, 2008. A

Amended: F. Jul. 18, 2012; eff. Aug. 7, 2012.