Section 287.421. Administrative inspections

(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.

The provisions of this § 287.421 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226560) to (226561).