Legal Question in Environmental Law in Illinois
sanitary district inspection
I recieved a letter from our sanitary district stateing that they are doing inspections to make sure that rain water from sump pumps is not discharged into the sanitary drains. My question is that they want to do a inside and a outside inspection. Am i required to let them in my home? I have no problem showing them the outside of my home, which you can clearly see where my sump pump is beinging discharged. I am not comfortbal with them coming into my home
1 Answer from Attorneys
Re: sanitary district inspection
Whether they can insist on entry into your home, or for that matter onto your property even outdoors, turns on whether you are required to have a permit for the sewer connection or sump discharge. The US Supreme Court has ruled that anyone with an environmental permit has impliedly agreed to allow entry for inspections concerning the compliance with that permit. If you don't have any permit then they probably can't force entry without your permission, but they can seek a court order to allow it.
Shell Bleiweiss
http://www.shell-bleiweiss.com
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