§ 10-8. Right of entry to investigate releases of hazardous materials, hazardous waste, or regulated substances.

The fire official shall have the right to enter upon any property from which a release of any hazardous materials, hazardous waste, or regulated substance, as defined by state law, has occurred or is reasonably suspected to have occurred and which has entered into the groundwa ter, surface water or soils of the county, in order to investigate the extent and cause of any such release. If, in undertaking such an investigation, the fire official makes an affidavit under oath that the origin or cause of any such release is undetermined and that he has been refused admittance to the property, or is unable to gain permission to enter the property, any magistrate of the county may issue an investigation warrant to the fire official authorizing him to enter such property for the purpose of determining the origin and source of the release. If the fire official, after gaining access to any property pursuant to such investigation warrant, has probable cause to believe that the release was caused by any act constituting a criminal offense, he shall discontinue the investigation until a search warrant has been obtained or consent to conduct the search has otherwise been given.

(Code 1978, § 9.1-8.1)

Cross reference— Health and sanitation, ch. 12; water and sewers, ch. 18.

(Code 1978, § 9.1-8.1)

Cross reference

Health and sanitation, ch. 12; water and sewers, ch. 18.