Appendix IV-l Statutory Inspection Authorities

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CARP Appendix IV-l

Prol!ram Statute Provision

AST Program RSA 146-A:l ...Inspection and enforcement employees of [DES] in theirline of duty pursuant to RSA 146-A shall have the powersofa constable under RSA 104:9.

RSA 104:9- Constables shall... have similar powers andbe subject to similar liabilities in relation thereto as sheriffs

RSA 141-E:13, IAsbestos Abatement For the purpose of assuring compliance with RSA 141-E:7,I and II; 141..E:8, I and II; 141-E:9; 141-E:10; and 141-E: 11, or witbl any rule adopted by the department of healthand human sl~rvices or the commissioner of environmentalservices, an ,luthorized representative of the department ofhealth and hllInan services or commissioner ofenvironmenull services may, upon presentation ofappropriate c:redentials and at any reasonable time: (a)Enter any asbestos abatement worksite; (b ) Inspect andobtain sampLes from the workplace and the environment forthe purposes of ensuring compliance with this chapter;( c) Procure and examine licenses issued under RSA 141-E: 10 and cerltificates issued under RSA 141-E: 11; or (d)Request, inspect, and record information, or test resultsrelating to thl~ asbestos abatement activity .

Dams RSA 482:4, 12 It shall be th(~ duty of [DES] from time to time to cause alldams in the state which, by reason of their condition, heightor location, l1t1ay be a menace to the public safety to beinspected by competent engineers. ...

RSA 485-C: 15GroundwaterProtection

[DES], any a.uthorized representative, anyauthorizedrepresentativ,e of any agency operating under amemorandunl of agreement with [DES], or any town or cityhealth officer may enter any land or establishment for thepurpose of a<iministering the provisions of this chapter, andshall at reasolllable times have access to any facility subjectto this chapt{:r .

Hazardous Waste RSA 147-A:7, I For the purpose of detennining compliance with thischapter, any rule adopted by [DES] relative to this chapteror any perrni't issued by [DES], an employee or anauthorized representative of [DES] may, upon presentationof appropria1:e credentials and at any reasonable time: (a)Enter any ha;zardous waste facility; (b) Inspect,photograph, :and obtain samples of any waste, includingsamples from containers or vehicles which [DES] hasreason to believe contain hazardous wastes; and (c) Inspectand copy any records, information or test results relating towastes.

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CARP Appendix 1V-l

Pro!!ram Statute Provision

Marine Toilets RSA 487:8 All boats loc:ated upon waters of this state shall be subjectto inspection by [DES] or any lawfully designated agent orinspector of [DES] at any time from the purpose ofdetermining whether such boat is equipped in compliancewith this chapter. The members of [DES], its agents andinspectors, fi)r these purposes shall have all the powers of adeputy sherijI throughout the state.

Open Burning RSA 125-C:6,VII

In addition to the other powers and duties granted herein,the commissiloner shall have and may exercise the followingpowers and duties: ...VU. Entering at all reasonable times in or upon any privateor public property, except private residences, for thepurpose of irlspecting or investigating any condition whichis believed to be either an air pollution source or in violationof any of the rules or orders promulgated hereunder. ...

Public Bathing

Facilities

RSA 485-A: 18, I Any authori2:ed member or agent of [DES] may enter anyland or establishment for the purpose of collectinginfonnation 1hat may be necessary to the purposes of thischapter and no owner of such establishment shall refuse toadmit any such member or employee.

RSA 485-A:26,II [DES] may take samples of the water of any such [publicbathing] facility for analysis to detennine compliance withwater qualit)l' requirements. The costs of such sampling andanalysis shall be paid by the owner or operator of suchfacility i\ny municipality which establishes a programof sampling ~md analysis which is equivalent to [DES's]program shall not be subject to additional sampling and

analysis by [DES].

Public Water

Supplies

RSA 485-A:41, I

andV[DES] shall: I. Monitor the operation and maintenance ofnewand existing public water systems. ...V. Enter, and authorize its employees and agents to enter ,the premises of all public water systems for the purpose ofcarrying out inspection [sic] and for the purpose of takingwater sample:s, to determine compliance with the provisionsof this chapter or rules adopted under it, and to inspect anyand all records and facilities of such public water supply inorder to detelmine compliance with this chapter and rulesadopted unde:r it.

Septage/Sludge

Management

RSA 485-A:18, I Any authorized member or agent of [DES] may enter anyland or establishment for the purpose of collectinginformation that may be necessary to the purposes of thischapter and no owner of such establishment shall refuse toadmit any su,ch member or employee.

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CARP Appendix IV-l

~~m Statute Provision

RSA 483-B:5, IIShoreland Protection The commis~;ioner or his designee may, for cause, enterupon any land or parcel at any reasonable time to perfonnoversight and enforcement duties provided for in thischapter .

RSA 485-A: 18, Any authoriz:ed member or agent of [DES] may enter anyland or establishment for the purpose of collectinginformation that may be necessary to the purposes of thischapter and no owner of such establishment shall refuse toadmit any such member or employee.

Site Specific(Terrain Alteration/Erosion Control)

Solid Waste RSA 149-M:6,IV [DES] shall have the responsibility and authority to:...IV .Enter:, at all reasonable times, in or upon any privateor public property, except private residences, to: (a) Inspectany facility; or (b) Investigate any condition which isbelieved to bl~ in violation either of this chapter or of any ofthe rules ado]pted or orders issued under it, or whichpresents a substantial threat to human health or theenviromnent.

Stationary Sources

(Air)RSA 125-C:6,

VII and XIIn addition to the other powers and duties granted herein,the commissioner shall have and may exercise the followingpowers and duties: ...VII. EnterinJg at all reasonable times in or upon any privateor public property, except private residences, for thepurpose of inspecting or investigating any condition whichis believed to be either an air pollution source or in violationof any of the rules or orders promulgated hereunder. ...XI. Conducting emission tests and requiring owners oroperators of :stationary sources to install, maintain, and useemission monitoring devices and to make periodic reports tothe commissioner on the nature and amounts of emissionsfrom such st<ttionary sources. ...

RSA 485-A: 18, ISubsurface Systems

(Subdivisions,Septic Systems)

Any authorized member or agent of [DES] may enter anyland or establishment for the purpose of collectinginformation that may be necessary to the purposes of thischapter and no owner of such establishment shall refuse toadmit any such member or employee.

RSA 485-A:29, I ...The constructed sewage or waste disposal systems shall

be in strict a(:cordance with approved plans, and the

facilities shall not be covered or placed in operation withoutfinal inspection and approval by an authorized agent of

[DES]. ...

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CARP AppendixJV-l

Pro2ram Statute Provision

RSA 485-A:37Subsurface Systems

(Subdivisions,Septic Systems)(cont'd)

...[DES] or its duly authorized agents are authorized toenter any and all premises at all reasonable hours for thepurpose of irlspecting and evaluating the maintenance andoperating conditions of subsurface sewage or waste disposalfacilities. ...

Surface Water

Discharge (NPDES,including IndustrialPretreatment)

RSA 485-A:18, I Any authori2:ed member or agent of [DES] may enter anyland or establishment for the purpose of collectinginformation that may be necessary to the purposes of thischapter and no owner of such establishment shall refuse toadmit any such member or employee.

UST Program RSA 146-C:5, III For the purpose of developing or assisting in thedevelopment of any rule, conducting any study orinvestigation, instituting corrective or remedial measures, orenforcing the provisions of this chapter, [DES] employeesor authorizeCl representatives may, upon the presentation ofappropriate c:redentials:(a) Enter at reasonable times any site where a facilityregulated under this chapter is located.(b) Inspect alIld obtain samples from any person or anyregulated substances in such facility .( c ) Conduct monitoring or testing of the tanks, associatedequipment, ciDntents, or surrounding soils, air, surface wateror groundwater .(d) Institute corrective or remedial measures.

Vapor Recovery

(Stage I/Stage II)

RSA 125-C:6, VIIand XI

In addition to the other powers and duties granted herein,the commissioner shall have and may exercise the followingpowers and cluties: ...VII. EnterinJg at all reasonable times in or upon any privateor public property, except private residences, for thepurpose of iI1lspecting or investigating any condition whichis believed to be either an air pollution source or in violationof any of the rules or orders promulgated hereunder. ...XI. Conducting emission tests and requiring owners oroperators of :stationary sources to install, maintain, and useemission molritoring devices and to make periodic reports tothe commissioner on the nature and amounts of emissionsfrom such ~ltionary sources. ...

Wetlands RSA 482-A:6. II To perfonn i"ts duties under this chapter, it shall be lawfulfor [DES], its agents or employees to enter upon any landsin the state.

WinnipesaukeeRiver Basin WWTF

(Pretreatment)

RSA 485-A:18, I Any authorized member or agent of [DES] may enter anyland or establishment for the purpose of collectinginformation that may be necessary to the purposes of thischapter and no owner of such establishment shall refuse to~it any such mem~employee.

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