Pub. L. 101-380, tit. IV, subtit. C, sec. 4305

INSPECTION AND ENTRY.

EnactedYear: 1990Length: 424 wordsOfficial source
SEC. 4305. INSPECTION AND ENTRY. Section 311(m) of the Federal Water Pollution Control Act (33 U.S.C. 1321(m)) is amended to read as follows: “(m) Administrative Provisions.— “(1) For vessels.— Anyone authorized by the President to enforce the provisions of this section with respect to any vessel may, except as to public vessels— “(A) board and inspect any vessel upon the navigable waters of the United States or the waters of the contiguous zone, “(B) with or without a warrant, arrest any person who in the presence or view of the authorized person violates the provisions of this section or any regulation issued thereunder, and “(C) execute any warrant or other process issued by an officer or court of competent jurisdiction. “(2) For facilities.— “(A) Recordkeeping.— Whenever required to carry out the purposes of this section, the Administrator or the Secretary of the Department in which the Coast Guard is operating shall require the owner or operator of a facility to which this section applies to establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment and methods, and provide such other information as the Administrator or Secretary, as the case may be, may require to carry out the objectives of this section. “(B) Entry and inspection.— Whenever required to carry out the purposes of this section, the Administrator or the Secretary of the Department in which the Coast Guard is operating or an authorized representative of the Adminis-104 STAT. 541trator or Secretary, upon presentation of appropriate credentials, may— “(i) enter and inspect any facility to which this section applies, including any facility at which any records are required to be maintained under subparagraph (A); and “(ii) at reasonable times, have access to and copy any records, take samples, and inspect any monitoring equipment or methods required under subparagraph (A). “(C) Arrests and execution of warrants.— Anyone authorized by the Administrator or the Secretary of the department in which the Coast Guard is operating to en-force the provisions of this section with respect to any facility may— “(i) with or without a warrant, arrest any person who violates the provisions of this section or any regulation issued thereunder in the presence or view of the person so authorized; and “(ii) execute any warrant or process issued by an officer or court of competent jurisdiction. “(D) Public access.— Any records, reports, or information obtained under this paragraph shall be subject to the same public access and disclosure requirements which are applicable to records, reports, and information obtained pursuant to section 308.”.
Pub. L. 101-380, tit. IV, subtit. C, sec. 4305: INSPECTION AND ENTRY. | Justis AI