49-188. Department access to private property

A representative of the department who enters private property pursuant to this article or pursuant to an agreement entered into pursuant to this article shall:

1. On entry of the premises, present photographic identification and state the purpose for the inspection.

2. Allow an authorized representative of the owner to accompany the department representative, except during confidential interviews. If the department has reason to believe that no on-site representative of the owner will be present at a site at the time of an inspection, the department shall make reasonable efforts to provide notice sufficient to allow a representative of the owner to be present during the inspection.

3. Provide notice of the right to have:

(a) Copies of any original documents taken by the department representative during the inspection if the representative is permitted by law to take original documents.

(b) A split of any samples taken during the site visit if the split would not prohibit an analysis from being conducted or render an analysis inconclusive.

(c) Copies of any analyses performed on samples taken during the inspection.

4. Inform each person interviewed during the inspection that statements made by the person may be included in the inspection report.

5. Inform each person whose conversation with the representative during the inspection is tape recorded that the conversation is being recorded.

6. Promptly notify the applicant in writing of any inconsistencies or deficiencies noted during the inspection.