§ 143-215.19. Administrative inspection; reports. - North Carolina Statutes

§ 143‑215.19. Administrative inspection; reports.

(a)        When necessary for enforcement of this Part, and whenauthorized by rules of the Commission, employees of the Commission may inspectany property, public or private, to investigate:

(1)        The condition, withdrawal or use of any waters;

(2)        Water sources; or

(3)        The installation or operation of any well or surface waterwithdrawal or use facility.

(b)        The Commission's rules must state appropriate standards fordetermining when property may be inspected under subsection (a).

(c)        Entry to inspect property may be made without thepossessor's consent only if the employee seeking to inspect has a validadministrative inspection warrant issued pursuant to G.S. 15‑27.2.

(d)        The Commission may also require the owner or possessor ofany property to file written statements or submit reports under oath concerningthe installation or operation of any well or surface water withdrawal or usefacility.

(e)        The Commission shall accompany any request or demand forinformation under this section with a notice that any trade secrets orconfidential information concerning business activities is entitled toconfidentiality as provided in this subsection. Upon a contention by any personthat records, reports or information or any particular part thereof to whichthe Commission has access under this section, if made public would divulgemethods or processes entitled to protection as trade secrets or would divulgeconfidential information concerning business activities, the Commission shallconsider the material referred to as confidential, except that it may be madeavailable in a separate file marked "Confidential BusinessInformation" to employees of the department concerned with carrying outthe provisions of this Part for that purpose only. The disclosure or use ofsuch information in any administrative or judicial proceeding shall be governedby the rules of evidence, but the affected business shall be notified by theCommission at least seven days prior to any such proposed disclosure or use ofinformation, and the Commission will not oppose a motion by any affectedbusiness to intervene as a party to the judicial or administrative proceeding. (1967, c. 933, s. 9; 1973, c. 1262, s. 23;  1981, c.585, s. 12; 1987, c. 827, ss. 154, 172.)