250 R.I. Code R. 250-RICR-20-00-3.6

Current through November 7, 2024
Section 250-RICR-20-00-3.6 - Reasons for Needing Access to Private Property
A. Apart from criminal investigations, inspections by the Department can be categorized as follows:
1. Emergency situations include those situations where there is reasonable evidence indicating that an imminent or serious threat to the environment or public health, safety, or welfare exists so as to warrant investigation, remediation or other immediate response by the Department. Examples include response to complaints of significant odors, oil spills, chemical releases or alterations to the environment that have or are likely to result in detrimental impacts or irreparable harm to the resource.
2. Compliance monitoring includes situations where a structure or activity on the property is subject to statutory or regulatory authority by the Department, and the Department, in response to a complaint or in the course of a regular compliance inspection program, needs to ensure compliance, but such need is not of an emergency situation. This will include facilities or activities where the Department has permitting or licensing authority (e.g., discharges, emissions, waste management/disposal, alterations of freshwater wetlands, or construction or repair of individual sewage disposal systems ("ISDS")) as well as activities for which no individual permit is required but which are subject to environmental statutes and Department regulations (e.g., management of hazardous wastes or air emission controls).
3. Field activities such as sampling, monitoring and surveying for reasons other than responding to an emergency situation or ensuring compliance with regulatory requirements but that support the Department's statutory mandate to evaluate and protect the natural resources of the State of Rhode Island. Examples include environmental assessments of hazardous contamination, water quality assessments, restoration projects, fish and wildlife surveys, forestry surveys, pollution prevention projects, freshwater wetland assessments, ISDS and educational activities.

250 R.I. Code R. 250-RICR-20-00-3.6