Ohio Administrative Code|Rule 901:10-5-02 | Right to enter property for investigations and inspections.

                                                

(A) Investigations and
inspections.

(1) The director at reasonable times
has the authority to enter the premises of an applicant for permit or the
permit premises to make investigations and inspections including, but not
limited to, the sampling of discharges and the inspection of discharge
monitoring equipment, or to otherwise execute duties that are necessary for the
administration and enforcement of this chapter.

(2) The director at reasonable times
may examine and copy any records pertaining to discharges that are subject to
rule or any records that are required to be maintained by the terms and
conditions of a permit.

(3) If refused entry, the director
may apply for and the court of common pleas having jurisdiction may issue an
appropriate warrant.

(4) Any person to whom a permit has
been issued is prohibited from refusing entry to the director or purposely
hindering the director in the exercise of any authority granted as described in
this rule.

(B) Biosecurity.

(1) Biosecurity refers to the
policies and measures taken for protecting the food supply and agricultural
resources from contamination.

(2) Upon entering the property of a
facility, the inspector or investigator shall identify himself or herself with
proper identification to prove that he or she is an agent of the Ohio
department of agriculture.

(3) If an inspection is conducted
prior to the application for a permit under this chapter, the inspector or
investigator shall notify the owner or operator in advance. The purpose of the
notice is to inform the owner or operator of an inspection so that the
inspector or investigator may be informed of the facility biosecurity
procedures, if any. The director has the authority to authorize unannounced
inspections or follow-up inspections of a facility as deemed
necessary.

(4) If an owner or operator wants the
Ohio department of agriculture to comply with its biosecurity plan, the owner
or operator must submit its plan with the application for the permit to
operate. If not, the department will act in accordance with its biosecurity
policy.

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