§ 23-23-12 - Tests.
SECTION 23-23-12
§ 23-23-12 Tests. – Whenever the director has reason to believe that emission is occurring inexcess of that permitted under any rule, regulation, or order made under thischapter, the director may, without hearing, conduct tests to determine theemission of air contaminants from premises, buildings, or other placesbelonging to or controlled by any person, or to require the person to provideany information as he or she may request regarding this emission. The personowning or controlling the premises, building, or other place to be tested shallprovide the director or his or her representatives or consultants access duringworking hours. The director, his or her representatives, or consultants shallbe empowered to erect scaffolding and to provide necessary holes and stack orduct work or other sampling and test facilities. The director may specify thetesting method to be used by qualified personnel in accordance with goodprofessional practice, and should that test show that a violation of a rule orregulation made under this chapter any order of the director was occurring, theperson shall pay in addition to any other regulatory, civil, and/or criminalpenalties the entire cost of the test or tests and an additional administrativefine of up to one hundred percent (100%) of the cost of the test or tests.Those costs and fines shall be deposited as general revenues.