Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 3 - Administrative Inspection Guidelines (250-RICR-20-00-3) › Section 250-RICR-20-00-3.7 - General Inspection Protocol

Current through June 14, 2024
A. The following
				  inspection protocols should be followed to the maximum extent practicable for
				  all inspections whether conducted after obtaining consent, under an
				  administrative inspection warrant or other court order, or pursuant to a legal,
				  warrant-less inspection as described in these Guidelines.
1. Prior to entering the site an inspector
				  should prepare for the inspection by: establishing the scope and objectives of
				  the inspection; coordinating inspection activities with other regulatory or
				  enforcement personnel as necessary; developing an understanding of the
				  technical, regulatory, and enforcement aspects of the site or facility;
				  developing a plan or strategy for conducting an inspection consistent with
				  inspection objectives; and determining the health and safety requirements and
				  equipment necessary for the inspection.
2. Inspectors should only enter private
				  property (including driveways) in compliance with these Guidelines and
				  applicable law.
3. When in the
				  field, the inspector should make a reasonable effort to locate an owner,
				  operator or other person having apparent authority or control of the property
				  in order to identify himself/herself, explain the purpose, scope and legal
				  authority for the inspection. "Reasonable efforts" shall be construed to mean
				  those efforts that can be reasonably made at the time of the inspection such as
				  knocking on doors at the site or approaching workers or people around the site.
				  Reasonable efforts shall not include off-site research such as reviewing land
				  evidence, tax or court records or entering a dwelling.
4. An inspector should never agree to any
				  conditions limiting an inspection or sign any documents without first obtaining
				  prior authorization from a supervisor.
5. While on-site inspectors should be
				  constantly vigilant and observant. All observations made while lawfully on site
				  (e.g. while accessing the property, requesting permission to inspect,
				  conducting an unrelated site visit or inspection, or while leaving the property
				  after permission to inspect has been denied), are entirely legal and should be
				  carefully noted for the file in the event that they are needed to support the
				  issuance of an administrative inspection warrant or other legal action to gain
				  access to the site (See §
											3.10(A)(5) 
				  of this Part regarding plain view violations).
6. If the person exercising control over the
				  property denies access to the property, then the inspector should not attempt
				  to continue the inspection without first contacting the office for further
				  instructions and/or assistance. If a situation arises on-site that threatens
				  the safety of an inspector, then all inspectors should leave the site and
				  immediately contact the office. If access is denied in an emergency situation
				  (See §
											3.10(A)(2) 
				  of this Part) and the inspector believes that an imminent or serious threat
				  exists to public health, welfare or the environment, then the inspector should
				  contact fire and/or police authorities for their assistance in stabilizing the
				  situation. If access is denied in a non-emergency situation, then the inspector
				  may only continue with an on-site inspection if an alternative basis for a
				  warrant-less inspection exists. (See §§
											3.10(A)(1) 
				  and 3.10(A)(3)
				  of this Part). Where an inspector is unable to obtain lawful access to a site,
				  the inspector may make observations from adjacent public areas, open fields) or
				  from abutting private property, provided the inspector has permission from the
				  owner, operator or person having apparent authority or control of the abutting
				  property (See §
											3.10(A)(4) 
				  of this Part). Under some environmental statutes denying access for inspections
				  is a criminal offense. In situations involving those statutes, the DEM Division
				  of Law Enforcement will be advised of the situation.
7. If no owner, operator or other person
				  having apparent authority or control over the property is present, the
				  inspector should leave a calling card identifying the inspector and, when
				  possible, should provide other information explaining the purpose and scope of
				  the investigation.