75-2-403. Inspections. (1) The department or an authorized representative, for the purpose of ascertaining the state of compliance with this chapter or a rule, order, or permit in force under this chapter, may enter and inspect, at any reasonable time, any property, premises, or place, except a private residence, on or at which:

(a) an air contaminant source is located or is being constructed or installed;

(b) an emissions-related activity is conducted, such as air contaminant emissions or ambient concentration sampling, testing, or monitoring, or an activity in which samples are gathered, processed, or stored; or

(c) records are kept as required under this chapter or a rule, order, or permit made or issued under this chapter, for the purpose of inspecting those records. The authority granted under this subsection (c) does not limit the department's right to inspect any property, premises, or place, except a private residence, under subsections (1)(a) and (1)(b) if records are also kept at those sites.

(2) A person may not refuse entry or access to an authorized representative of the department who presents appropriate credentials when the department requests entry for purposes of inspection. A person may not obstruct, hamper, or interfere with an inspection.

(3) The department or an authorized representative must be provided access and must be allowed to copy, at reasonable times, any record that is required to be kept under this chapter or a rule, order, or permit made or issued under this chapter.

(4) The department or an authorized representative may inspect, at reasonable times, any facility, equipment, practices, or operations regulated or required under this chapter or a rule, order, or permit made or issued under this chapter.

(5) The department or an authorized representative must be allowed to sample or monitor, at reasonable times, substances or parameters for the purpose of ensuring compliance with the provisions of this chapter or a rule, order, or permit made or issued under this chapter.

(6) At the owner's or operator's request, the owner or operator of the premises shall receive a report stating all facts found that relate to compliance status.

(7) Inspections under this section must be conducted in compliance with all applicable federal or state rules or requirements for workplace safety and with all source-specific facility workplace safety rules or requirements. The source shall inform the inspector of all applicable workplace safety rules or requirements at the time of the inspection.

History: En. Sec. 9, Ch. 313, L. 1967; amd. Sec. 19, Ch. 349, L. 1974; amd. Sec. 5, Ch. 140, L. 1977; R.C.M. 1947, 69-3912; amd. Sec. 2, Ch. 218, L. 1983; amd. Sec. 2, Ch. 85, L. 1995.