2005 Idaho Code - 39-6209 — INVESTIGATION -- INSPECTION -- RIGHT OF ENTRY

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 62
                              PCB WASTE DISPOSAL
    39-6209.  INVESTIGATION -- INSPECTION -- RIGHT OF ENTRY. (1) The director
shall cause investigations to be made upon the request of the board or upon
receipt of information concerning an alleged violation of this chapter or of
any rule, regulation, permit or order promulgated thereunder, and may cause to
be made such other investigations as the director shall deem advisable.
    (2)  For the purpose of enforcing any provision of this chapter or any
rule or regulation authorized in this chapter, the director or the director's
designee shall have the authority to:
    (a)  Conduct a program of continuing surveillance and of regular or
    periodic inspection of actual or potential health hazards, air
    contamination sources, or water pollution sources related to the storage
    or disposal of PCB wastes.
    (b)  Enter at all reasonable times upon any private or public property,
    upon presentation of appropriate credentials, for the purpose of
    inspecting or investigating to ascertain possible violations of this
    chapter, or of rules, regulations, permits or orders adopted and
    promulgated by the director or the board;
    (c)  All inspections and investigations conducted under the authority of
    this chapter shall be performed in conformity with the prohibitions
    against unreasonable searches and seizures contained in the fourth
    amendment to the constitution of the United States and article I, section
    17 of the constitution of the state of Idaho. The state shall not under
    the authority granted by this chapter, conduct warrantless searches of
    private property in the absence of either consent from the property owner
    or occupier or exigent circumstances such as a public health or
    environmental emergency.
    (d)  Any district court in and for the county in which the subject
    property is located is authorized to issue a search warrant to the
    director upon a showing of (i) probable cause to suspect a violation, or
    (ii) the existence of a reasonable program of inspection. Any search
    warrant issued under the authority of this chapter shall be limited in
    scope to the specific purposes for which it is issued and shall state with
    specificity the manner and the scope of the search authorized.