27-37.1 - Right of entry to investigate releases of hazardous material, hazardous waste, or regulated substances. - Virginia Statutes

§ 27-37.1. Right of entry to investigate releases of hazardous material,hazardous waste, or regulated substances.

The fire marshal shall have the right, if authorized by the governing body ofthe county, city, or town appointing the fire marshal, to enter upon anyproperty from which a release of any hazardous material, hazardous waste, orregulated substance, as defined in § 10.1-1400 or 62.1-44.34:8, has occurredor is reasonably suspected to have occurred and which has entered into theground water, surface water or soils of the county, city or town in order toinvestigate the extent and cause of any such release. If, in undertaking suchan investigation, the fire marshal makes an affidavit under oath that theorigin or cause of any such release is undetermined and that he has beenrefused admittance to the property, or is unable to gain permission to enterthe property, any magistrate serving the city or county where the property islocated may issue an investigation warrant to the fire marshal authorizinghim to enter such property for the purpose of determining the origin andsource of the release. If the fire marshal, after gaining access to anyproperty pursuant to such investigation warrant, has probable cause tobelieve that the release was caused by any act constituting a criminaloffense, he shall discontinue the investigation until a search warrant hasbeen obtained or consent to conduct the search has otherwise been given.

(1992, c. 712; 2008, cc. 551, 691.)