La. Admin. Code tit. 33 § XI-1501

Current through Register Vol. 50, No. 11, November 20, 2024

Section XI-1501 - Inspection and Entry

A. Owners and operators of USTs shall allow an authorized representative of the department, upon proper presentation of credentials, to do the following.

1. The representative shall be allowed to enter, for inspection or sampling purposes, the premises where a UST system is or might be located or in which monitoring equipment or records required by these regulations are kept. Most inspections will be unannounced and should be allowed to begin immediately, but in no case shall begin more than 30 minutes after the time the inspector presents his or her credentials and announces the purpose(s) of the inspection. A delay of over 30 minutes shall constitute a violation of these regulations. Additional time may be granted, however, if the inspector or the administrative authority determines that the circumstances warrant such action.

2. The representative shall have access to and be allowed to copy any records that the department or the representative finds necessary for the enforcement of these regulations. For records maintained in either a central or private office that is open only during normal office hours and is closed at the time of the inspection, the records shall be made available as soon as the office is open, but in no case later than noon the next working day.

3. Photographs (Reserved)

4. The representative shall be allowed to inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under these regulations.

5. The representative shall be allowed to sample or monitor for the purposes of assuring compliance with these regulations, or as otherwise authorized by the Act (R.S. 30:2001 et seq.), any substances or parameters at any location.

B. Sample Collection

1. When the department's inspector announces that samples will be collected, the owner/operator will be given 30 minutes to prepare containers in order to collect duplicates. If the owner/operator cannot obtain and prepare sample containers within this time, he or she is considered to have waived his or her right to collect duplicate samples, and the sampling will proceed immediately. Further delay on the part of the owner/operator in allowing initiation of the sampling will constitute a violation of these regulations.

2. At the discretion of the department's inspector or the administrative authority, sample collection shall proceed immediately (without the 30 minutes described in LAC 33:XI.1501.B.1), and the inspector will supply the owner/operator with duplicate samples.

La. Admin. Code tit. 33, § XI-1501

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Underground Storage Tank Division, LR 16:614 (July 1990).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.