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75-10-401 75-10-402 75-10-403 75-10-404 75-10-405 75-10-406 75-10-407 75-10-408 75-10-409 75-10-410 75-10-411 75-10-412 75-10-413 75-10-414 75-10-415 75-10-416 75-10-417 75-10-418 75-10-419 75-10-420 75-10-421 75-10-422 75-10-423 75-10-424 75-10-425 75-10-426 75-10-427 75-10-431 75-10-432 75-10-433 75-10-434 75-10-441 75-10-442 75-10-447 75-10-451

Mont. Code Ann. § 75-10-410

(2001)

Inspections -- sampling

(1) (a) An employee or agent of the department, at any reasonable time and upon presentation of credentials, may enter upon and inspect any property, premises, or place at which:

(i) hazardous wastes are or have been generated, stored, treated, disposed of, or loaded for transportation;

(ii) used oil is or has been generated, stored, treated, disposed of, or loaded for transportation; or

(iii) records pertinent to the used oil or hazardous waste activities are maintained.

(b) The employee or agent of the department may have access to and may copy any records relating to the used oil or hazardous wastes for the purposes of developing rules under this part or enforcing the provisions of this part, rules adopted under this part, or a permit or an order issued under this part.

(2) In the course of an inspection under this section, the employee or agent of the department may take samples of any substances, used oil, or wastes, including samples from any soil or ground water or from any vehicle in which used oil or wastes are transported, or samples of any containers or labeling for the substances, used oil, or wastes. If the employee or agent of the department takes a sample of any used oil, hazardous waste, or suspected hazardous waste, the employee or agent shall, prior to leaving the premises, give to the owner, operator, or agent in charge a receipt describing the sample taken and, if requested, a portion of each sample equal in volume or weight to the portion retained. If any analysis is made of the samples, a copy of the results of the analysis must be furnished to the owner, operator, or agent in charge.

Official Annotations archive.org, 2001 edition
History:
En. Sec. 17, Ch. 358, L. 1981
Amd. Sec. 5, Ch. 384, L. 1989
Amd. Sec. 4, Ch. 28, L. 1995
Amd. Sec. 23, Ch. 112, L. 1997