An agent or employee of the department may apply to any Commonwealth official authorized
to issue a search warrant for the purposes of searching any property, building, premises
or place, of seizing any book, record or other physical evidence, of conducting tests,
or of taking samples of any solid waste. Such warrant shall be issued upon probable cause. It shall be sufficient probable cause to show any of the following:
(1) The search, seizure, test or sampling is pursuant to a general administrative
plan to determine compliance with this act.
(2) The agent or employee has reason to believe that a violation of this act has occurred
or may occur.
(3) The agent or employee has been refused access to the property, building, premises
or place, has been refused possession of any book, record or physical evidence, or
has been prevented from conducting tests or taking samples.
(4) The employee has reason to believe that a release or a threat of a release of
a hazardous substance or contaminant exists on the property or on a nearby property
and that testing and sampling are needed for determining the nature or extent of the
(5) The employee has reason to believe that there are containers or impoundments on
the property which are typical of those used for containing or impounding hazardous
substances and that testing, sampling or the review of records is necessary to determine
whether hazardous substances are present.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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