§ 19-5-113. Power of director to enter property for investigation -- Records and reports required of owners or operators.

(1) The director or the director's authorized representative has, after presentation of credentials, the authority to enter at reasonable times upon any private or public property for the purpose of:

(a) sampling, inspecting, or investigating matters or conditions relating to pollution or the possible pollution of any waters of the state, effluents or effluent sources, monitoring equipment, or sewage sludge; and

(b) reviewing and copying records required to be maintained under this chapter.

(2)

(a) The board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that require a person managing sewage sludge, or the owner or operator of a disposal system, including a system discharging into publicly owned treatment works, to:

(i) establish and maintain reasonable records and make reports relating to the operation of the system or the management of the sewage sludge;

(ii) install, use, and maintain monitoring equipment or methods;

(iii) sample, and analyze effluents or sewage sludges; and

(iv) provide other information reasonably required.

(b) The records, reports, and information shall be available to the public except as provided in Subsection 19-1-306(2) or Subsections 63G-2-305(1) and (2), Government Records Access and Management Act, as appropriate, for other than effluent information.

Amended by Chapter 360, 2012 General Session