1. 1 Role of the Regulatory Inspector: Inspection and Enforcement Level IB: Advanced Fundamentals Seminar Education and Training Requirements for Individuals Involved in Land Disturbing Activities Issued May 2009

2. 2 References 1.Florida Erosion and Sediment Control Inspector’s Manual Florida Department of Environmental Protection 2.Conducting Environmental Compliance Inspections: Inspector’s Field Manual, International Edition Office of Enforcement and Compliance Assurance Environmental Protection Agency

3. 3 Overview Role of the inspector Inspector safety Site inspection procedures Enforcement procedures

4. 4 Who is an inspector? All field personnel who collect information that may be used to determine compliance status.

5. 5 Role of the Inspector 1.Official Representative Responsible for ensuring compliance for the city or county erosion and sediment control program

6. 6 Role of the Inspector 1.Official Representative 2.Fact Finder

7. 7 Role of the Inspector 1.Official Representative 2.Fact Finder 3.Provider of enforcement presence

8. 8 Role of the Inspector 1.Official Representative 2.Fact Finder 3.Provider of enforcement presence 4.Enforcement case developer

9. 9 Role of the Inspector 1.Official Representative 2.Fact Finder 3.Provider of enforcement presence 4.Enforcement case developer 5.Technical educator

10. 10 Role of the Inspector 1.Official Representative 2.Fact Finder 3.Provider of enforcement presence 4.Enforcement case developer 5.Technical educator 6.Technical authority

11. 11 Characteristics of a Good Inspector Inquisitive Determined Professional appearance Integrity and impartiality Avoids conflicts of interest Maintains standards of conduct Consistently applies ordinance to all individuals

12. 12 Inspector Safety Possible Hazards Biological/Environmental –Bee stings –Mosquitoes –Snakes –Other animals –Poisonous plants –Extreme heat and humidity –Extreme cold

13. 13 Inspector Safety Possible Hazards Physical hazards –Vehicles and equipment on-site –Scrapes, scratches and cuts –Trip and fall hazards –Excessive noise

14. 14 Inspection Procedures Elements of an Effective Inspection Process

15. 15 Preparing for an Inspection Pre-inspection Research: 1.Identify sites for inspection 2.Review Plan Check contours Surrounding properties Critical areas Phasing 3.Review inspection and enforcement files

16. 16 Preparing for an Inspection Before leaving the office : 1.Plan an inspection route 2.Dress appropriately 3.Pack necessary equipment

17. 17 Preparing for an Inspection Field Equipment Inspection equipment may include: –Cameras with necessary accessories to document observations Digital 35 mm or similar Video cameras

18. 18 Preparing for an Inspection Field Equipment Inspection equipment may include: –Logbook and pen Portable Dedicated Paginated Properly identified and dated Other considerations: –Write only on one side of the logbook –Only write what you don’t mind others seeing –Clip business cards and other important paper to appropriate pages of the log book

19. 19 Preparing for an Inspection Field Equipment Inspection equipment may include: –Tape measure Should be easy to carry and easy to use May be used to: –Provide perspective –Used to check for proper installation and maintenance of BMPs –Measure buffer to ensure compliance

20. 20 Preparing for an Inspection Inspection equipment may include: –Global Positioning System May be used for: –Documentation of water course locations during state waters evaluations –Documentation of impacts on streams and other properties by identifying location –Mapping violations Considerations –Know how to use the instrument –Proper calibration –Accurate recording of information

21. 21 Preparing for an Inspection –Sampling equipment Considerations: –Clean, well maintained equipment –Sampling protocol –Properly calibrated turbidimeter Inspection equipment may include:

22. 22 Performing an Inspection Inspecting the Site Five questions to determine compliance: 1.Does this project have an approved permit? 2.Are the erosion and sediment control measures installed as shown on the approved Plan? 3.Is erosion being controlled on the site? 4.Is sediment being contained on the site? 5.Are any adjacent properties or state waters being impacted?

23. 23 Performing an Inspection Entry Observe surroundings –Note date, time and weather conditions on inspection form –Phase of construction –Survey location and activities of vehicles and heavy equipment Check permit board/box Ask to see the Plan

24. 24 Performing an Inspection Entry Present your credentials Ask to speak with someone familiar with the construction site’s Plan and E&S control practices Provide contact information Observe any specific safety issues or requirements

25. 25 Performing an Inspection Inspection Sequence –Identified on Plan? –Installed correctly? –Properly maintained? –Are exits and entrances being used appropriately? –Tire wash area? –Sediment leaving site and entering roadways? 1. Construction exits and entrances

26. 26 Performing an Inspection Inspection Sequence –Is sediment leaving the site? –Document downstream impacts –Collect samples for turbidity testing 2. Inspect discharge points and downstream, off-site areas for impact

27. 27 Performing an Inspection Inspection Sequence –Observe terrain –Note type of controls Installed correctly? Properly maintained? According to Plan? Is sediment leaving the site? 3. Walk the perimeter of the site

28. 28 Performing an Inspection Inspection Sequence –Mulch or temporary grassing should be applied to all exposed areas left exposed for a period greater than 14 days. –Note type of controls Installed correctly? Properly maintained? According to Plan? 4. Inspect active areas

29. 29 Performing an Inspection Inspection Sequence –Areas left idle for less than six months should be stabilized with at least temporary seeding –Note type of controls Installed correctly? Properly maintained? According to Plan? Is sediment leaving the site? 5. Inspect disturbed areas that are not currently being worked

30. 30 Performing an Inspection Inspection Sequence –Finished slopes of cuts or fills should be stable –Areas left idle for more than six months should be stabilized with permanent vegetative measures –Note type of controls Installed correctly? Properly maintained? According to Plan? Is sediment leaving the site? 6. Inspect disturbed areas with final stabilization

31. 31 Performing an Inspection Inspection Sequence –Does the activity on-site exceed the Plan –Review inspection forms and documentation to ensure that all information is complete and accurate –Conduct an exit interview if possible –Present preliminary results not final report –Start with positive comments if possible –Explain areas that are deficient and any specific concerns 7. Take into account the overall site

32. 32 Documentation

33. 33 Documentation Note Taking Be specific Identify personnel correctly Avoid vague terms Use dates and times Use ink pens, not pencils, to complete reports When taking field notes, use a bound notebook with numbered pages

34. 34 Documentation Photographs Either digital or film cameras are acceptable Carry enough film, batteries and accessories Be familiar with equipment Take all the photographs you may need to reinforce your report

35. 35 Documentation Photographs Put photos in context –Establishing shot –Subject shot –Close-up shot Take notes about the pictures Maintain perspective

36. 36 Documentation Photographs Common problems: –Too few photographs –Poor quality photographs –Failure to identify the subject in a photograph –Failure to secure the original

37. 37 Documentation Video cameras Grants ability to record motion –See the violation as it occurs Hold camera steady Keep pans and zooms to a minimum Let the images in the frame move instead of making the camera move Transfer recording to video or CD as soon as possible

38. 38 Documentation Reporting A complete and factual record documenting the entire inspection –Activities on-site –Observations –Outcomes Supports potential enforcement actions –Validates current enforcement actions –Provides basis for future actions Communicates results to others –Provides a “site history” for other inspectors

39. 39 Documentation Tips for Writing Reports Simple –Short, direct sentences –Define complicated/technical terms Factual –Report observations –Avoid opinions Accurate –Check details –Compare with field notes, checklists and reporting forms

40. 40 Enforcement Protocol Understand what constitutes a violation –Failure to properly design, install and maintain best management practices constitute a violation under the Act (O.C.G.A. 12-7-6) Obtain copy of written policy for your jurisdiction Know the cases for mandatory enforcement action in the Act

41. 41 Enforcement Protocol Purpose of Enforcement Promotes compliance Protects environment by deterring future violations Sends message to regulated community Discourages economic benefit from violating law

42. 42 Enforcement Protocol Methods of Enforcement 1.Consider the methods and tools of enforcement available 2.Determine what is mandated and what is at the discretion of the inspector 3.Apply appropriate enforcement method 4.Follow-up

43. 43 Enforcement Protocol Human Relations Inspectors must deal with a variety of individuals Concerned citizens Contractors Developers Other governmental agencies Inspectors must be fair and consistent when inspecting sites and dealing with individuals

44. 44 Enforcement Protocol Complaint Resolution –Apply city/county/agency procedures consistently –Follow through on complaints –Reply to complainant when appropriate –Document complaints and responses

45. 45 Enforcement Procedures Complaint Resolution Key Steps to dealing with angry complainants: 1.Maintain a friendly and professional manner 2.Acknowledge that a difficult situation exists 3.Calm the individual by questioning and verifying 4.Involve the person in solving the problem 5.Handle the problem Appendix 8-A Florida Erosion and Sediment Control Inspector’s Manual

46. 46 Enforcement Procedures Taking Enforcement Action Effectively communicating deficiencies: 1.Present the situation 2.Allow the person time to adjust 3.Accept the person’s reaction 4.Demonstrate acceptance of the person’s reaction 5.Restate positive points 6.Offer assistance 7.Clearly express that violations must be corrected 8.Allow for future contact and follow-up Appendix 8-A Florida Erosion and Sediment Control Inspector’s Manual

47. 47 Enforcement Procedures Witness Guidelines How to prepare to offer testimony in court: –Review project file –Review field notes –Know strengths and weaknesses of documentation –Practice testimony

48. 48 Enforcement Procedures Witness Guidelines Witness Conduct: –Professional appearance and dress –Avoid distracting mannerisms –Do not give memorized answers –Be serious and respectful –Speak clearly and loudly –Listen carefully to the questions asked of you –Answer directly and simply –Give only facts not opinions –Always tell the truth Appendix 8-B Florida Erosion and Sediment Control Inspector’s Manual

49. 49 Summary Inspectors must be professional, fair and consistent Inspectors must be technical authorities Proper inspection procedures must be observed Properly applied enforcement action promotes broader compliance

50. 50 The inspector ’ s motto: Find the truth, tell the truth, protect the truth. EPA Inspector’s Field Manual