Kan. Admin. Regs. § 28-29-16 - Inspections
(a) The secretary
or any duly authorized representative of the secretary, at any reasonable hour
of the day, having identified themselves and giving notice of their purpose,
may:
(1) Enter a factory, plant, construction
site, solid waste disposal area, solid waste processing facility, or any
environment where solid wastes are generated, stored, handled, processed, or
disposed, and inspect the premises and gather information of existing
conditions and procedures;
(2)
Obtain samples of solid waste from any person or from the property of any
person, including samples from any vehicle in which solid wastes are being
transported;
(3) Drill test wells
on the affected property of any person holding a permit or liable for a permit
under K.S.A. 65-3407 or amendments of
that statute and obtain samples from the wells;
(4) Conduct tests, analyses, and evaluations
of solid waste to determine whether the requirements of these regulations are
otherwise applicable to, or violated by, the situation observed during the
inspection;
(5) Obtain samples of
any containers or labels; and
(6)
Inspect and copy any records, reports, information, or test results relating to
wastes generated, stored, transported, processed, or disposed.
(b) If during the inspection,
unidentified or unpermitted waste storage or handling procedures are
discovered, the department's representative may instruct the operator of the
facility to retain and properly store solid or hazardous wastes, pertinent
records, samples, and other items. These materials shall be retained by the
operator until the identification and handling of the waste is approved by the
department.
(c) When obtaining
samples, the department's representative shall allow the facility operator to
collect duplicate samples for separate analysis. Analytical data that might
reveal trade secrets shall be treated as confidential by the department, when
requested by the owner.
Notes
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