Sec. 218-2.3. Enforcement

(a) The commissioner or a designee may enter and inspect a facility operated by a party subject to the requirements of this Part, any property, premises, books, papers, documents, or records (written and/or electronic) of that facility, at all reasonable times, locations, and hours, whether announced or unannounced, for the purpose of ascertaining compliance or noncompliance with the ECL and this Title. The conduct of operations subject to the provisions of this Part in this State is deemed to constitute consent to such an inspection.

(b) For the purpose of developing or assisting in the development of any regulation or enforcing the provisions of this Part, any person subject to the provisions of this Part must, upon oral or written request of any officer or employee of the department, when properly identified and duly designated by the commissioner, furnish or permit such officer or employee at all reasonable times to have access to, and to copy all records relating to those parties which are subject to this Part.

(c) Unless otherwise specified in the ECL or regulations, any person subject to the provisions of this Part must retain all relevant records for at least three years from the creation of those records.