Section 19.007 - Access Rights of the Department310 CMR 19.007 relates to the rights of the Department to enter properties and to obtain and review information to verify compliance with M.G.L. c. 21A, §§ 2 and 8, St. 1987, c. 584, M.G.L. c. 21H, M.G.L. c. 111, §§ 150A and 150A1/2, and/or 310 CMR 19.000, in the handling, management, transfer, processing, storage, treatment, disposal, use or reuse of solid waste.
(1)Access to Facilities and Properties. At all reasonable times and without prior notice, personnel or authorized representatives of the Department may enter any facility or other property where solid waste has been, is being, or may be, placed, disposed, stored, transferred, handled, managed, processed, treated, used or reused, for the purposes of: protecting the public health, safety or the environment; preventing or abating nuisances; assessing, preventing or remediating damage to the environment; or determining or enforcing compliance; provided that personnel or authorized representatives of the Department present Department-issued identification and receive the consent of the owner, operator or person in control of said facility or property. Notwithstanding the foregoing, personnel or authorized representatives of the Department may enter a facility or property without such consent as authorized by the conditions of any authorization, determination, modification, permit, or other approval, by the conditions of any consent order or other consented to enforcement document, if emergency conditions require immediate entry, or as otherwise authorized by law.(2)During Inspection. After entry, personnel or authorized representatives of the Department may investigate, sample, photograph, or inspect any records, condition, equipment, practice, operation or property and make examinations and evaluations of a facility or other property specified in 310 CMR 19.007(1) to determine and enforce compliance with M.G.L. c. 21A, §§ 2 and 8, St. 1987, c. 584, M.G.L. c. 21H, M.G.L. c. 111, §§ 150A and 150A1/2 and/or 310 CMR 19.000 or take or arrange for actions authorized by M.G.L. c. 21H, § 4.(3)Access to Information. Where necessary to ascertain facts relevant to compliance or to actual or potential harm to public health or safety, actual or potential nuisances, or actual or potential damage to the environment that may be caused by the handling, management, transfer, processing, storage, treatment, disposal, use or reuse of solid waste or relevant to the truth, accuracy and completeness of any submittals to the Department, including but not limited to, the authority of any responsible official, the Department may request and any person shall, within a reasonable time, furnish the requested information and shall permit said Department personnel or authorized representatives to have access to and to copy or to take images of, all records relating thereto.(4)Duty to Cooperate. The owner and operator of a facility or other property and the person possessing information as specified in 310 CMR 19.007(3) shall in no way restrict, impede, or delay an inspection or requests for information by personnel or authorized representatives of the Department where such inspection and requests are made pursuant to a reasonable request in accordance with 310 CMR 19.007 or with the conditions of any authorization, consent determination, modification, permit, or other approval, or pursuant to the conditions of any order or other consented to enforcement document, or as otherwise authorized by law.(5)Warrants. Upon denial of access or if the Department cannot locate with reasonable efforts the owner, operator or person in control of a facility or property, or upon refusal of a person to provide information requested, the Department may seek, from a court, judge, justice or magistrate, a warrant authorizing personnel or authorized representatives of the Department to conduct a reasonable search of the facility or property, or to obtain the information requested. 310 CMR 19.007(5) shall not preclude the Department from gaining access through other legal means, including, but not limited to, a court order or injunctive relief.