45-633. Inspections, investigations and
audits
A. The director or the director's authorized representative may enter at reasonable
times upon private or public property where a well, including a well under construction
or a well not used to withdraw groundwater or another facility for the withdrawal,
transportation or use of groundwater is located and the owner, manager or occupant of the
property shall permit such entry to:
1. Inspect a well, including a well under construction or a well not used to
withdraw groundwater, or another facility for the withdrawal, transportation or use of
groundwater that is subject to this chapter.
2. Obtain factual data or access to records required to be kept under section
45-632.
3. Ascertain compliance with this chapter.
B. Inspections and investigations under subsection A of this section shall be upon
reasonable notice to the owner, manager or occupant of the property unless reasonable
grounds exist to believe that such notice would frustrate the enforcement of this chapter
or where entry is sought for the sole purpose of inspecting water measuring devices
required pursuant to section 45-604. The director shall adopt rules for conducting
inspections, examining records and obtaining warrants pursuant to this section. The
director may apply for and obtain warrants. If warrants are required by law, the
director shall apply for and obtain warrants for entry and inspection to carry out the
administrative and enforcement purposes of this chapter.
C. The director may require a person who is required to keep records under section
45-632 to appear, at reasonable times and upon reasonable notice, at the director's
office and produce such records and information as are specified in the notice to
determine whether the records and annual reports required by section 45-632 are complete,
true and correct. The director shall audit the records of a sufficient number of persons
under this subsection to ensure general compliance with this chapter.
D. The director shall provide a written report of each inspection, investigation
and audit under this section to the person subject to such action.
|