III. DISCUSSION CONSTITUTIONAL ISSUES
As a threshold matter, the undersigned must address Respondents’ claim that WDNR’s inspection of the Hudson facility did not comport with constitutional standards prior to determining liability for alleged violations of the asbestos NESHAP. Respondents contend that Inspector Weix’s failure to obtain a warrant prior to inspecting the Hudson facility on September 23, 1998 and October 1, 1998 violated Respondents’ Fourth Amendment rights against unreasonable search and seizure and was therefore unconstitutional. During the hearing, Respondents orally requested suppression of all evidence relating to the asbestos results obtained by the WDNR prior to October 19, 1998. (November 6, Tr. 10-11). Respondents’ constitutional challenge to the WDNR’s inspection is rejected.
Courtesy of The Environmental Protection Agency
Read the EPA vs. Kienast asbestos case: Inspection of the facility