§ 109.6. Inspection authorization.
(a) At any reasonable time, the Department and its agents and employes will:
(1) Have access to and require the production of any feature of a public water system, monitoring system and books, papers, records and data pertinent to any matter under investigation or required to be kept under the act or this chapter.
(2) Enter and examine a property, facility, operation or activity under the control of a public water system and conduct tests and sampling, including the examination and copying of books, papers, records and data, for the purpose of making an investigation or inspection as may be necessary to ascertain the compliance or noncompliance by a person with the environmental acts, the act or this chapter.
(b) The Department and its agents and employes may conduct inspections of public water systems at least once prior to construction or modification, at least once during construction or modification, at least once prior to operation and at least once per year thereafter.
(c) The Department and its agents and employes may conduct additional inspections, including follow-up inspections, of public water systems and activities related to public health, safety, welfare or the environment, to determine compliance with the act, the environmental acts, this title, the terms or conditions of a permit or the requirements of an order.
(d) The Department and its agents and employes may also conduct inspections of public water systems and related activities whenever a person presents information to the Department which gives the Department reason to believe that a condition exists which may threaten the public health, safety or welfare or the environment, or a person:
(1) Is in violation of a requirement of the act, this chapter, an order or a permit issued thereunder.
(2) May have violated an environmental act, or a condition of a permit issued under a regulation promulgated under an environmental act.
(e) This section is subject to the availability of personnel and financial resources. This section does not create a duty by the Department to conduct, or a right in a person to expect, a minimum number of inspections per year, inspections for a particular reason or during a certain period or set a maximum number of inspections.
Source The provisions of this § 109.6 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621.
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