DSHW-2024-009036

STATE OF UTAH
OFFICE OF THE ATTORNEY GENERAL

SEAN D. REYES
ATTORNEY GENERAL
SPENCER E. AUSTIN
Chief Criminal Deputy
DANIEL BURTON
General Counsel
RIC CANTRELL
Chief of Staff
STANFORD E. PURSER
Solicitor General
BRIAN L. TARBET
Chief Civil Deputy

ENVIRONMENT / HEALTH AND HUMAN SERVICES DIVISION • ENVIRONMENT SECTION
• TELEPHONE: [phone] • FACSIMILE: [phone] • T.D.D.: [phone] or 711
MAILING ADDRESS: P.O. BOX 140873 • SALT LAKE CITY, UTAH 84114-0873
STREET ADDRESS: 195 NORTH 1950 WEST, 2ND FLOOR SOUTHWEST • SALT LAKE CITY, UTAH 84116
OAG-031-24

November 4, 2024

Re: Access to Regulated Facilities by Inspectors of the Utah Department of
Environmental Quality, Division of Waste Management and Radiation Control

Dear Generators, Transporters, and other Handlers of Solid or Hazardous Waste:

The Director of the Utah Department of Environmental Quality’s (UDEQ) Division of Waste Management
and Radiation Control (Division) has requested the Utah Attorney General’s Office to assist the Division in clarifying
its legal right to obtain access to solid and hazardous waste handlers’ sites.

According to Utah Code §19-6-109(1) and (2), “A duly authorized officer, employee, or representative of the
director may, at any reasonable time and upon presentation of appropriate credentials, enter upon and inspect any
property, premise, or place on or at which solid or hazardous wastes are generated, transported, stored, treated, or
disposed of, and have access to and the right to copy any records relating to wastes, for the purpose of ascertaining
compliance with this part and the rules of the board. An inspector may also inspect any waste and obtain samples
thereof, including samples from any vehicle in which waste are being transported or samples of any containers or
labels.” This authority is further defined in the Utah Administrative Code R315-260-6, which says that “Inspectors
may also take photographs and make video and audio recordings while conducting authorized activities.”

The Director only hires people who may be lawfully employed in the State of Utah. His employees, whether
they are United States Citizens or lawful resident aliens authorized to be employed, are duly authorized officers,
employees, and representatives of the Director and the UDEQ. The UDEQ provides an identification (ID) card to each
of its employees. The ID card includes a photograph of the employee, the employees’ name, and a statement that the
employee is a representative of the UDEQ. This ID card constitutes “appropriate credentials” under Utah Code Section
19-6-109. You may not require the Director’s representatives to present other credentials.

If you have any questions, please have your attorney call me at [phone] or the Utah Attorney General’s
Office at [phone] for assistance.

Sincerely,

Raymond Wixom,
Assistant Attorney General

RW/srb