Section 40
Power of enforcement
of Solid Waste And Public Cleansing Management Enactment 2022
(1)
An authorized officer may, for the purpose of enforcing this Enactment -
(a)
call for and examine any book, document, instrument or record and make copies of or take extracts from such book, document, instrument or record which is in the custody or control of any person pertaining to any matter under this Enactment;
(b)
visit, enter, inspect and examine with or without prior notice any solid waste management facilities, land or other premises at any time but shall not unnecessarily obstruct or impede any work therein;
(c)
investigate in respect of any solid waste management facilities, land or other premises
(i)
to ensure proper maintenance and sanitation of any solid waste management facilities, land or other premises;
(ii)
any matter or thing concerned with or related to the safety or health of any person living in the vicinity of the solid waste management facilities or which causes or is likely to cause damage to property;
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(iii)
the effect of any operation or practice upon the amenity of any area or place;
or
(iv)
whether there are concentrations or accumulations of noxious gases or liquid;
or
(d)
take samples of any material or substance found at solid waste management facilities, on land or other premises, and of the air or water in, on or in the vicinity of solid waste management facilities, land or other premises.
(2)
If, on inspection by the Authority of any solid waste management facilities, it appears to the Authority that the condition of the solid waste management facilities is such that danger is posed to the safety or health of any person living in the vicinity of the solid waste management facilities, the Authority -
(a)
may take reasonable steps, whether on the solid waste management facilities affected or on adjacent land, including closing the solid waste management facilities, as appears to the Authority to be reasonable to avoid such danger; and
(b)
shall be entitled to recover costs and expenses incurred in doing so from the licensee of the solid waste management facilities.