(A) Whenever a local government designee has reason to believe that a discharge of a hazardous substance has occurred or is about to occur, the local government designee may undertake the investigation, monitoring, surveying, testing, and other information gathering as the local government designee may deem necessary or appropriate to identify the existence and extent of a discharge or the threat of a discharge, the source and nature of any hazardous substances involved and the extent of danger to the public health or welfare or to the environment.
(B) The local government designee 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 the matter:
(1) The identification, nature and quantity of materials which have been or are manufactured, generated, treated, stored, or disposed of at the property;
(2) The nature or extent of a release or threatened release of a hazardous substance or pollutant or contaminant at or on the property; and
(3) Information relating to the ability of a person to pay for or to perform a cleanup.
(C) In addition, upon reasonable notice, such person shall either:
(1) Grant the local government designee access at all reasonable times to any vessel, facility, establishment, place, property, or location to inspect and copy all documents or records relating to such matters; or
(2) Copy and furnish to the local government designee all such documents or records, at the option and expense of the person. However, nothing in this section shall be interpreted to waive the local government designee's ability to inspect original documents.
(D) The local government designee is authorized to enter at reasonable times any of the following:
(1) Any vessel, facility, establishment, or other place or property where any hazardous substance may be or has been discharged;
(2) Any vessel, facility, establishment, or other place or property from which or to which a hazardous substance has been or may have been discharged;
(3) Any vessel, facility, establishment, or other place or property where the discharge is or may be threatened; or
(4) Any vessel, facility, establishment, or other place or property where entry is needed to determine the need for response or the appropriate response or to effectuate abatement under this chapter.
(E) The local government designee is authorized to inspect and obtain samples from any vessel, facility, establishment, or other place or property referred to in division (D) above or from any location of any suspected hazardous substance. Each such inspection shall be completed with reasonable promptness.
(F) The local government designee is authorized to inspect and obtain samples of any containers or labeling for suspected hazardous substances. If the local government designee obtains any samples, before leaving the premises, the local government designee shall give to the covered person of the place from which the samples were obtained a receipt describing the sample obtained and, if requested, a portion of each such sample. A copy of the results of any analysis made of the samples shall be furnished promptly to the covered person in control, if the person can be located.
(G) Where there is a reasonable basis to believe there may be a release or threat of a release of a hazardous substance, the local government designee may seek compliance in court as follows.
(1) In the case of interference with entry or inspection, the court shall enjoin such interference or direct compliance with orders to prohibit interference with entry or inspection, unless under the circumstances of the case, the demand for entry or inspection is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law.
(2) In the case of information or document requests or orders, the court shall enjoin interference with such information or document requests or orders or direct compliance with requests or orders to provide such information or documents unless, under the circumstances of the case, the demand for information or documents is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law.
(Ord. 1264A, passed 6-13-2005)