§ 30-44. Inspection.

The director or an authorized representative, upon presentation of departmental credentials:

(1)

Shall have a right of entry to, upon or through any premises on which an emission source is located or on which any records required to be maintained by regulations of the board or any permit conditions are located; and

(2)

May at reasonable times:

a.

Have access to and copy any records required to be established and maintained by regulations of the board or any permit condition;

b.

Inspect any monitoring equipment and method required by regulation of the board or by any permit condition; and

c.

Sample any emissions that are required to be sampled pursuant to regulation of the board or any permit condition.

(3)

If premises described in subsection (1) or (2) of this section are unoccupied, a department employee shall first make a reasonable effort to locate the owner or other person having charge or control of the premises and demand entry.

(4)

If entry is refused, the department shall proceed to obtain a search warrant by filing the documents and following the procedures required by the district court or metropolitan court. The sworn statement filed in conjunction with the application for the search warrant or order shall:

a.

Set forth the particular premises, or portion of the premises, sought to be inspected;

b.

State that the owner or occupant of the premises, or portion of the premises, has refused entry;

c.

State that inspection of the premises or portion of the premises is necessary to determine whether it complies with the requirements of this article;

d.

Set forth the particular provisions of this article sought to be enforced;

e.

Set forth any other reason necessitating the inspection, including knowledge or belief that a particular condition exists in the premises, or portion of the premises, which constitutes a violation of this article; and

f.

State that the department or the department's designated representative is authorized by the county manager to make the inspection.

(Ord. No. 94-5, § 15, 2-2-94)

State law reference

Similar provisions, NMSA 1978, § 74-2-13.