Section 146-C:5 Records Required; Inspections.
I. The operator of an underground storage facility shall keep and reconcile accurate stock inventory records for the purpose of detecting leaks. The records shall be maintained and made available for department inspection and copying for a period of not less than 3 years.
II. For the purpose of developing or assisting in the development of any rule, conducting any study or investigation, instituting any corrective or remedial measures, or enforcing the provisions of this chapter, any owner or operator of a facility subject to regulation under this chapter shall, upon request of any employee or authorized representative of the department, furnish information relating to such facility or its contents, conduct monitoring or testing, permit such employee or authorized representative at all reasonable times to have access to and to copy all records relating to such facility, and permit such employee or authorized representative to have access to the facility for corrective or remedial measures.
III. For the purpose of developing or assisting in the development of any rule, conducting any study or investigation, instituting corrective or remedial measures, or enforcing the provisions of this chapter, department employees or authorized representatives may, upon the presentation of appropriate credentials:
(a) Enter at reasonable times any site where a facility regulated under this chapter is located.
(b) Inspect and obtain samples from any person of any regulated substances in such facility.
(c) Conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface water or groundwater.
(d) Institute corrective or remedial measures.
IV. Information obtained by the department under this chapter which, in the judgment of the federal Environmental Protection Agency or the department, constitutes a trade secret shall not be disclosed to the public without notice to the owner of the trade secret and an opportunity for hearing. The department may provide information relating to trade secrets to the Environmental Protection Agency, provided that the Environmental Protection Agency guarantees the same degree of confidentiality as does the department.
Source. 1986, 182:1. 1988, 249:7, 8. 1991, 92:33-35. 1996, 228:106, eff. July 1, 1996.