(1) Inspections and Searches of Permitted Facilities. All facilities that have applied for a solid waste permit or have received a solid waste permit are subject to inspection by the Health Officer without notification. These inspections, sometimes called administrative searches, do not require that a warrant first be obtained. These inspections are necessary to determine compliance with permit conditions, and to prevent the hiding or burying, or improper destruction of materials subject to this chapter. The Health Officer may enter and inspect and take samples at any such facility, at any reasonable time on any day of the week, to determine compliance with legal, permit conditions, or environmental conditions. For this purpose, facilities include all real property, buildings, equipment, vehicles, storage containers, and structures related to waste handling, and all records, both print and electronic, that are related to the reception, storage, handling or disposition of solid waste materials.

(2) If the Health Officer is refused entry to any facility as in subsection (1) of this section, he or she may seek and obtain a search warrant from a court of competent jurisdiction. A nonspecific search warrant may be issued by the court because of the extremely variable nature of solid waste and because solid waste disposal is a pervasively regulated industry.

(3) Inspections and Searches Not Associated With Permitted Facilities. The Health Officer may enter and inspect the areas outside the buildings of private or public property at any reasonable time when he or she has cause to believe that a violation of these regulations has occurred or is occurring. If he or she is refused entry to such property, the Health Officer may seek and a court may issue a search warrant upon demonstrating probable cause that a violation exists.

(4) The Health Officer may inspect any location on property or premises, including but not limited to the interiors of buildings or structures, when granted permission by the property owner or by the person in control of the property or having obtained and presented a valid search warrant issued by the court. The Health Officer may seek and the court may issue a search warrant based on probable cause that a violation exists without first seeking voluntary permission for access or entry.