§ 124-1-8. Right of Entry.

A.

The Director of LDS, or any duly authorized agent of the Director of LDS, may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of the Act and this Chapter. In addition, the Director of DPWES, or any duly authorized agent of the Director of DPWES, may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of § 124-2-10 and Articles 7, 8, and 9.

B.

In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement, the Director of LDS, or any duly authorized agent of the Director of LDS also may enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions that are required by the permit conditions associated with a land-disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified.

C.

If the Director of LDS, any duly authorized agent of the Director of LDS, the Director of DPWES, or any duly authorized agent of the Director of DPWES, has been refused access to a property for the purpose of conducting an investigation under this Article, they may obtain a search warrant upon demonstrating, to the satisfaction of any judge or magistrate or other person having the authority to issue warrants, that probable cause exists to support issuance of a search or administrative warrant to conduct an inspection or investigation necessary to carry out the provisions of this Chapter. (08-14-124; 41-19-124.)