NACWA PRETREATMENT & POLLUTION PREVENTION WORKSHOP MAY 17, 2018 THE ART OF PRETREATMENT INSPECTIONS

Transcription

1 Presented by: Tim Potter Environmental Compliance Superintendent Central Contra Costa Sanitary District NACWA PRETREATMENT & POLLUTION PREVENTION WORKSHOP MAY 17, 2018 THE ART OF PRETREATMENT INSPECTIONS

2 Presentation Overview Objectives of Inspection Programs Authority to Inspect Businesses Designing Effective Inspection Programs Scenarios Summary

3 Objectives of Inspection Programs Ensure standards are being met Establish rapport with regulated businesses Communicating standards Education vs. Enforcement Program efficiency and effectiveness

4 Authority to Inspect Businesses Statutes Regulations (ordinances) Permit conditions Imminent pubic endangerment

5 Authority to Inspect Businesses Case laws to consider City of Los Angeles v. Patel Supreme Court decision 6/22/15 Ordinance requiring hotels release records to police on demand Expectation of privacy Los Angeles Chemical v. Superior Court of Los Angeles County Appellate Court decision 12/27/90 Hazardous waste disposal investigation Warrantless inspections/color of authority Pervasively regulated business sectors

6 Authority to Inspect Businesses Consent to inspect by business Person responsible for operations Warrants to inspect Inspection warrant Search warrant Public vs. private areas of facility Monitoring location with public access

7 Authority to Inspect Businesses Options when access for inspection is denied Leave and don t return Engage customer about next steps Revoke permit Disconnect service Obtain warrant from court Due process Safety considerations

8 Authority to Inspect Businesses Which warrant? Inspection warrant Authority to inspect and refused access Complete regulatory inspection Waivers (e.g. 24-hour advance notice) Recommend civil standby when serving inspection warrants Search warrant Evidence/Expectation of a crime Specify area/documents to inspect/seize Served by peace officer Coordination with prosecutor

9 Authority to Inspect Businesses Complete affidavit Identify you have authority How to Obtain an Inspection warrant? Identify you communicated to the business that you have authority to inspect Identify the business representative refused you access to inspect the facility after you identified your authority Complete inspection warrant Develop and use templates Go to court for judge to sign warrant Typically no appointment required File served warrant with court clerk

10 Authority to Inspect Businesses Obtaining Consent to Inspect aka The Art of Inspections Initial engagement with business Identify yourself, who you represent, and scope of inspection Request consent to proceed (e.g. Can we proceed?) Be prepared for questions Hip pocket statements to respond If consent granted, proceed with inspection If consent not granted, work with business to understand next steps Identify process of obtaining inspection warrant Conclude with summary of refusal to grant access if applicable

11 Designing Effective Inspection Programs Selecting the right people for the job Setting and reinforcing standards of conduct Training Documentation Sampling location Public vs. private areas of facility

12 Designing Effective Inspection Programs Fair and equitable Avoid disparate treatment among businesses Streamline processes Template for affidavits and inspection warrant Relationship with prosecutors (District Attorney) Documentation

13 Designing Effective Inspection Programs Responsive/Dynamic Balancing regulatory effectiveness with customer service Stay within authority Interpersonal skills of team members

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15 Scenarios Selected to illustrate different conditions What do you think?

16 Scenario 1 Can evidence of a crime be admissible if consent to conduct inspection is granted? Yes Original consent enables evidence to be secured during course of inspection Consent or warrant needed for each inspection if follow-up needed Important to stay within authority

17 Scenario 2 Can consent be revoked? Yes Usually occurs due to observed violations Important to document

18 No THE ART OF PRETREATMENT INSPECTIONS Scenario 3 If you receive a complaint that a business is illegally dumping wastes to the sanitary sewer, can you obtain an inspection warrant before inspecting? Standards for inspection warrants are: Authority to inspect and Business refused access after this authority was identified Can consider obtaining search warrant depending on strength of evidence

19 Scenario 4 If your investigation into an explosive condition in the sanitary sewer leads you to a particular business, can you enter the facility without obtaining consent or a warrant? Yes Condition creates an imminent public endangerment Should secure peace officer escort for inspector safety Importance of documenting investigation findings in case of challenges

20 Summary Understand scope of inspection authority including limitations Design and implement inspection program to stay within this authority Obtaining consent to inspect can increase program efficiency and effectiveness Better relations with regulated businesses

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22 THE ART OF PRETREATMENT INSPECTIONS Questions & Discussion