Sec. 42-427. - Entry and inspection authorities for non-emergency environmental nuisances.
(a) Town agents are hereby authorized to inspect any facility in the normal course of their job duties, in response to a citizen complaint, or for any other good cause, to determine if an environmental nuisance or a violation of the provisions of this article exists, has occurred, is continuing to occur or may occur at a facility within the town. For non-emergency environmental nuisances, such inspection may only be undertaken after securing the owner, operator, occupant or person in control's consent to access the facility or after obtaining a warrant to do so. The consent for access to the facility or the warrant issued pursuant to this section shall remain in effect until the non-emergency environmental nuisance is abated, unless the owner, operator, occupant or person in control or the court issuing the warrant places a limit on the town's access. Once access is secured or obtained, any town agent is authorized to enter, at reasonable times, any of the following:
(1) Any facility, property, land or other location where any hazardous material may be or has been generated, stored, treated, disposed of, or transported from;
(2) Any facility, property, land or other location from which or to which a hazardous material has been or may have been released;
(3) Any facility, property, land or other location, where such a release is occurring or may be threatened; or
(4) Any facility, property, land or other location where entry is required to determine the need for an abatement of a non-emergency environmental nuisance under this Code.
(b) Whenever a town agent acts pursuant to subsection (a) of this section, the town agent may undertake such investigations, monitoring, surveys, testing, and other information gathering necessary or appropriate to identify the existence and extent of the release or threat of a hazardous material, the source and nature of the hazardous material involved, and the extent of danger to the public health or welfare or to the environment. In addition, a town agent may undertake such planning, legal, fiscal, economic, engineering, architectural, and other studies or investigations necessary or appropriate to plan and direct abatement actions, to recover the costs of such abatement actions, and to enforce the provisions of this Code.
(c) A town agent may require any person who has or may have information relevant to any of the following to furnish, upon reasonable notice, information or documents relating to:
(1) The identification, nature, and quantity of hazardous material which have been or are being generated, treated, stored, disposed of or transported to a facility within the town;
(2) The nature or extent of a release or threatened release of hazardous material at or from a facility within the town; or
(3) Information relating to the ability of a person to pay for or to perform a cleanup.
(d) In addition to providing the information in subsection (c) above, upon reasonable notice, such person shall either: (i) grant town agents access at all reasonable times to any facility, property, land or other location, to inspect and copy all documents or records relating to such matters; or (ii) copy and furnish to town agents all such documents or records, at the option and expense of such person.
(e) Whenever a town agent acts pursuant to this section, any person having information or documents described in subsections (c)(1) and (2) and (d) above may not withhold any factual information based on any attorney work product, attorney client communication or similar legal privilege or claim.
(f) Any town agent is authorized to inspect and obtain samples from any facility, property, land or from any other location where hazardous material are, may, may have been or are suspected to be or have been located. such town agent is authorized to inspect and obtain samples of any containers or labeling for suspected hazardous materials and to take such water, soil and air samples as may be necessary to investigate, evaluate, assess, characterize or confirm the presence of any hazardous material. each such inspection shall be completed with reasonable promptness.
(g) If the town agent takes such samples, the town agent shall give the owner, occupant, or other person in control of the place from which the samples were taken, before leaving the premises, a receipt describing the sample obtained and, if requested, a portion of each sample. A copy of the results of any analysis made of such samples shall be furnished promptly to the owner, occupant, operator or other person in control, if such person requests the results.
(h) All authorities to inspect, enter and collect information provided by this article are in addition to those authorities to inspect Federal National Pollutant Discharge Elimination System or Arizona Pollutant Discharge Elimination System Facilities or discharges as provided in sections 30-51 through 30-60 of this Code.
(Ord. No. 1797, § I, 7-11-06)
