§ 1931 - Inspections; right of entry; information - Vermont Statutes

§ 1931. Inspections; right of entry; information

For the purposes of developing or enforcing any rule, regulation, standard, permit or order authorized by this chapter, the secretary, or the secretary's authorized representative, may request and any permittee or owner or operator shall conduct monitoring or testing of tanks, associated equipment, contents or surrounding soils, air, surface water or groundwater and shall furnish information relating to tanks, associated equipment and tank contents, and any duly authorized representative of the secretary may upon presentation of appropriate credentials at any reasonable time:

(1) enter any property where underground storage tanks are located;

(2) inspect and obtain samples;

(3) inspect and copy records, reports, information or test results relating to the purposes of this chapter;

(4) conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface water or groundwater;

(5) conduct corrective action;

(6) upon refusal of entry by a permittee or owner or operator for inspection, sampling, monitoring or testing, corrective action, or copying pursuant to this section, the secretary or the duly authorized representative may apply for and obtain an entry order, or subpoena, or both, to allow such entry, inspection, sampling, monitoring or testing, corrective action or copying from the district or superior court in whose jurisdiction the property is located. An entry order or subpoena, or both, shall issue upon a showing that:

(A) there is probable cause to believe an underground storage tank is located on the property;

(B) entry onto the property has been requested; and

(C) entry has been denied. (Added 1985, No. 66, § 1; amended 1987, No. 282 (Adj. Sess.), § 10; 1989, No. 110, § 5, eff. June 20, 1989.)