Section 19E: Inspection of known or suspected sites; warrants
Section 19E. Personnel or authorized agents of the board or of the department may at all reasonable times enter any known or suspected site, vessel, or other location, whether public or private, for the purpose of investigating, sampling, inspecting, or copying any records, condition, equipment, practice, or property relating to activities subject to sections nineteen through nineteen J, inclusive. Personnel or authorized agents of the board may and shall seek a warrant authorizing such entry whenever they wish to enter any location and either they do not wish to ask permission for such entry first or permission for such entry has been sought and refused. Any court, judge, or justice authorized to issue warrants in criminal cases may issue such warrants authorizing such entry by personnel or authorized agents of the board upon a showing that such entry is necessary to allow the board to carry out its regular procedures for verifying compliance with sections nineteen through nineteen J, inclusive, and the regulations promulgated by the board pursuant to sections nineteen through nineteen J, inclusive.
Where necessary to ascertain facts relevant to, or not available at, such site, vessel, or other location, any person shall, upon request of any officer, employee, or duly authorized representative of the board or of the department, furnish information relating to activities subject to sections nineteen through nineteen J, inclusive, and shall permit said officers, employees, or authorized representatives to have access to, and to copy, all records relating to said activities.
In the event that the board or the department has reason to believe that any person has made fraudulent representations to the board or the department or has destroyed or concealed evidence relating to any activity subject to sections nineteen through nineteen J, inclusive, the board or the department may seize any records, equipment, property, or other evidence it deems necessary.
Any monetary claims against an employee of the commonwealth based on non-compliance with sections nineteen through nineteen J, inclusive, including any claim based on a failure to use due care in the execution of his duties as a licensed hazardous waste site cleanup professional, shall be limited to actions brought under the provisions of chapter two hundred and fifty-eight.