                                 CODE OF VIRGINIA

RIGHT OF ENTRY TO INVESTIGATE RELEASES OF HAZARDOUS MATERIAL, HAZARDOUS WASTE,
OR REGULATED SUBSTANCES (§ 27-37.1)

A. The fire marshal shall have the right, if authorized by the governing body of
the county, city, or town appointing the fire marshal, to enter upon any
property from which a release of any hazardous material, hazardous waste, or
regulated substance, as defined in &#xA7; 10.1-1400 or 62.1-44.34:8, has
occurred or is reasonably suspected to have occurred and which has entered into
the ground water, surface water or soils of the county, city or town in order to
investigate the extent and cause of any such release.

B. If, in undertaking such an investigation, the fire marshal 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 serving the city or county where the
property is located may issue an investigation warrant to the fire marshal
authorizing him to enter such property for the purpose of determining the origin
and source of the release. After issuing a warrant under this section, the
magistrate shall file the affidavit in the manner prescribed by &#xA7; 19.2-54.
After executing the warrant, the fire marshal shall return the warrant to the
clerk of the circuit court of the city or county wherein the investigation was
made.

C. If the fire marshal, 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.

HISTORY: 1992, c. 712; 2008, cc. 551, 691; 2014, c. 354.