Section 329IAC3.1-1-3. Right of entry

   The department, or its authorized representative, upon presentation of proper credentials, or by directive of the board, shall have a right to enter upon, to, or through public or private premises, subject to this article, to investigate, take samples, copy all records related to hazardous waste, and inspect for compliance with the requirements imposed under environmental management laws as defined at IC 13-11-2-71, or this article, or to determine whether a violation or threatened violation exists, in accordance with any or all of the following purposes:

(1) For the purpose of determining whether any person is subject to the requirements of environmental management laws as defined at IC 13-11-2-71, or whether any person subject to the requirements of environmental management laws as defined at IC 13-11-2-71 is in compliance with this article.

(2) For the purpose of investigating conditions relating to hazardous waste management or hazardous waste management practices where the commissioner has a reasonable belief that a violation of environmental management laws as defined at IC 13-11-2-71 or this article is occurring or is about to occur.

(3) For the purpose of determining whether there has been a violation of any of the provisions of environmental management laws as defined at IC 13-11-2-71, this article, or any permit or order issued pursuant to environmental management laws as defined at IC 13-11-2-71 or this article.

(Solid Waste Management Division; 329 IAC 3.1-1-3; filed Jan 24, 1992, 2:00 p.m.: 15 IR 908; errata filed Jan 10, 2000, 3:01 p.m.: 23 IR 1109; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535)