W. Va. Code R. § 64-56-14 - Inspections; Right of Entry; Sampling; Reports and Analyses; Subpoenas

Inspections and other monitoring activities are required to be conducted according to the provisions of W. Va. Code §§ 22-18-13 and 20-51-7 which are outlined in this section.

14.1. Upon the presentation of proper credentials and at reasonable times, the Secretary has the authority to enter any building, property, premises, place, vehicle or permitted facility where infectious medical waste is or has been generated, handled, treated, stored, transported or disposed of for the purpose of promptly investigating any person's compliance with the provisions of relevant State law, this rule or permits issued under this rule.

14.2. The Secretary is required to make periodic inspections of every permitted facility as necessary to effectively implement and enforce the requirements of relevant State law, this rule or permits issued in accordance with this rule. After an inspection is made, a report is to be prepared and filed with the Secretary. A copy of the inspection report is required to be promptly furnished to the person in charge of the building, property, premises, place, vehicle or facility. All inspection reports are available to the public in accordance with the provisions of W. Va. Code § 29B-1-1et seq.

14.3. Whenever the Secretary has cause to believe that any person is in violation of any provision of relevant State law, this rule, any condition of a permit issued by the Secretary, or any order issued under this rule, he or she is required to immediately order an inspection of the building, property, premises, place, vehicle or permitted facility at which the alleged violation is occurring.

14.4. Upon presentation of proper credentials and at reasonable times, the Secretary has the authority to enter any establishment, building, property, premises, vehicle or other place maintained by any person where infectious medical waste is being or has been generated, transported, stored, treated or disposed of to inspect and take samples of wastes and the contents of any containers or labeling for such wastes. A receipt describing such samples, and, if requested, a portion of such sample equal in volume or weight to the portion retained is to be given to the owner, operator or agent in charge prior to the sample being taken from the premises. The Secretary is required to provide a copy of any analysis to the owner, operator or agent in charge promptly.

14.5. Upon presentation of proper credentials and at reasonable times, the Secretary is to be given access to all records relating to the generation, transportation, storage, treatment or disposal of infectious medical waste in the possession of any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled such waste. The Secretary is to be furnished with copies of all such records or given the records for the purpose of making copies. If the Secretary, upon inspection, investigation or through other means, observes or learns of a violation or probable violation of relevant State law or this rule, he or she is authorized to issue subpoenas and subpoenas duces tecum and to order the attendance and testimony of witnesses and to compel the production of any books, papers, documents, manifests and other physical evidence pertinent to such investigation or inspection.

Notes

W. Va. Code R. § 64-56-14