The Inspection – Part 4
While each investigation/inspection is unique, the inspector will: a. walk the facility; b. ask lots of questions; c. take lots of notes; d. take formal statements (since it is not in a custodial situation, no Fifth Amendment rights are implicated.); e. take samples; f. review documents/permits; g. take photographs/videotape; h. prepare inspection checklist; and i. may even tape record statements (one civil inspector has testified in trial that he had not been trained by the USEPA in the use of a tape recorder).
When finished, the investigator will conduct a closing conference. The closing conference should be with the same people as in attendance at the opening conference. At the closing conference, the investigator will give: a. receipts for samples; b. receipts for documents seized; c. may (or may not) discuss preliminary findings; and d. advise you of the availability of the sample analysis. The investigator will not: a. discuss compliance status; b. legal effects; c. enforcement consequences; d. recommend consultants; e. advise you of the availability of the follow-up report.
The inspection may result in investigator issuing a Deficiency Notice. The investigator will then take the information and samples and fill out their report, analyze samples and follow-up as necessary with any coordinating agencies.
More later.
As always, feel free to call me or e-mail me with any questions at walter.james@jamespllc.com.
WDJiii