Section 250-RICR-20-00-3.3 - Administrative FindingsA. The Department is charged by law to protect, preserve and restore Rhode Island's natural resources and environment. The Department implements this Legislative mandate through a wide variety of regulatory programs. As a public regulatory agency, the Department has a responsibility to carry out its statutory and regulatory functions in the spirit of public service. This means that the Department's interactions with members of the public, including regulated persons and entities, should be courteous, respectful and responsive and minimize unnecessary confrontation.B. To the extent that the law authorizes the Department to conduct inspections on private property, such inspections should be conducted with respect for the rights and privacy of property owners, consistent with the protections afforded by the United States and Rhode Island Constitutions, as interpreted and applied by the courts. Inspections are the primary method available to DEM to enforce and determine compliance with environmental statutes and regulations administered by DEM. Both announced and unannounced inspections are vital compliance assurance tools in the Department's ongoing effort to protect the environment. Because some parties may not fully understand the need for such inspections and may perceive such inspections as an unreasonable interference with their rights as property owners and as operators of various business activities, DEM will use best efforts to explain the reasons for the inspection and to conduct its inspections within the scope of these Guidelines.C. DEM is authorized to conduct both consensual and non-consensual administrative inspections. Non-consensual administrative inspections may be lawfully performed with or without an administrative inspection warrant. Whether an administrative inspection warrant is required in order to perform a lawful, non-consensual administrative inspection will depend on the facts and circumstances surrounding the site, facility or activity to be inspected. It is the intent of these Guidelines to educate DEM personnel regarding the proper procedures for performing lawful administrative inspections via consent, administrative inspection warrants and established methods for warrant-less, non-consensual inspections.250 R.I. Code R. 250-RICR-20-00-3.3