Section 250-RICR-20-00-3.11 - Protocol for Collecting SamplesA. Samples of air, water, soils or other materials may be taken for analysis if within the scope of the consent given for the administrative inspection, the terms of the administrative inspection warrant or the terms of a court order. Samples may also be taken as part of a lawful warrant-less inspection of a closely regulated industry or as part of an emergency situation where sampling is reasonably related to abating the emergency. The ability to take samples as part of an open fields or plain view warrant-less inspection will be dependent on the circumstances surrounding the inspection and inspectors should consult with a supervisor before taking samples during these types of inspections. When sampling is performed as part of an administrative inspection, DEM shall, upon request, provide split samples to the party or entity that is the subject of the search, provided that the conditions at the time of the sampling, the amount of material available to be sampled and the safety of DEM employees, are conducive to the request. If split samples are provided they will be turned over to the requesting party at the time that the sample is taken. DEM may require the party receiving the split samples to sign a release acknowledging their receipt of the samples and their responsibility to properly handle, store, and dispose of the sample materials. DEM may refuse to provide split samples if the inspector reasonably believes that: 1. the samples will not be properly, handled, stored or disposed of, 2. splitting the sample will not allow DEM to obtain the required amount of material for analysis, or 3. the time required to collect the split samples or the conditions under which the samples are being collected pose a threat to his/her safety and well-being.250 R.I. Code R. 250-RICR-20-00-3.11