§ 1931. Inspections; right of entry; information
For the purposes of developing or enforcing any rule, regulation, standard, permit,
or order authorized by this chapter, the Secretary, or the Secretary’s authorized
representative, may request and any permittee or owner or operator shall conduct monitoring
or testing of tanks, associated equipment, contents, or surrounding soils, air, surface
water, or groundwater and shall furnish information relating to tanks, associated
equipment, and tank contents, and any duly authorized representative of the Secretary
may upon presentation of appropriate credentials at any reasonable time:
(1) enter any property where underground storage tanks are located;
(2) inspect and obtain samples;
(3) inspect and copy records, reports, information, or test results relating to the purposes
of this chapter;
(4) conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding
soils, air, surface water, or groundwater;
(5) conduct corrective action;
(6) upon refusal of entry by a permittee or owner or operator for inspection, sampling,
monitoring or testing, corrective action, or copying pursuant to this section, the
Secretary or the duly authorized representative may apply for and obtain an entry
order or subpoena, or both, to allow such entry, inspection, sampling, monitoring
or testing, corrective action, or copying from the District or Superior Court in whose
jurisdiction the property is located. An entry order or subpoena, or both, shall
issue upon a showing that:
(A) there is probable cause to believe an underground storage tank is located on the property;
(B) entry onto the property has been requested; and
(C) entry has been denied. (Added 1985, No. 66, § 1; amended 1987, No. 282 (Adj. Sess.), § 10; 1989, No. 110, § 5, eff. June 20, 1989.)