(a) The Agency is hereby authorized to inspect all solid waste and hazardous waste management facilities at all reasonable times to insure compliance with the laws of Guam, the provisions of this Chapter and the rules and regulations authorized herein. This

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authority shall include access to and authority to copy all records relating to solid or hazardous waste, as well as the authority to obtain samples, or require monitoring or testing to ensure that the owner or operator is in compliance.

(b) The Agency is authorized to have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to solid or hazardous waste on Guam.

(c) It shall be a misdemeanor for any person to interfere with such inspections or investigations.

(d) Administrative Inspection Warrants.

(1) The Agency, by its duly authorized representatives, shall have the power to enter and inspect any property, premises or place for the purpose of determining the compliance or noncompliance with any provision of this Chapter, any rule and regulations promulgated thereto, or any order or permit or term or condition thereof, issued pursuant to this Chapter rule and regulation promulgated thereto.

(2) Unless an emergency exists or the Agency has reason to believe that any unlawful activity is being conducted, or will be conducted, the Agency shall provide prior notification of such inspection, and the inspection shall be during normal business hours. If such entry or inspection is denied or not consented to and no emergency exists, the Agency is empowered to and shall obtain from the appropriate court a warrant to enter and conduct an inspection. The courts on Guam are empowered to issue such warrants upon a showing that such entry and inspection is required to verify that the purposes of the Act are being carried out. If samples are taken, the owner and operator of the premises for which such samples are taken shall be entitled to a receipt for such samples and, upon request, a sufficient portion to perform an analysis equivalent to that which the Agency may perform.

(3) In the event of an emergency which presents an immediate and substantial threat to the public health and safety or the environment, the Agency shall have the

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authority to issue such orders as may be appropriate to protect the public health and safety or the environment, including emergency authorization for procurement.

(4) Any person against whom an emergency order is issued shall be entitled to a hearing within twenty-four (24) hours. The GEPA Board shall affirm, modify or set aside the order of the Agency.

SOURCE: Repealed and reenacted by P.L. 24-309:6 (Dec. 18, 1998).

2012 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections beginning with “”Lowercase Roman Numerals”” to “”Numbers”” in subsection (d).