22 CONNECTICUT GREEN GUIDE • SUMMER 2015 www.CTGreenGuide.com
How To Handle Environmental Inspections
By Lee D. Hoffman
I
nspections by environmental enforcement agencies can be a routine occurrence or an adver-
sarial situation in which criminal liability may attach. As such, it pays to be prepared and to
keep the following 15 points in mind before, and during, an environmental inspection.
1.
Establish an inspection supervisor
to be responsible for all enforcement
inspections, and make sure the inspec-
tion supervisor is properly trained.
2.
Decide whether and on what terms
to allow an inspector access to your
facility — only after careful consider-
ation by the company.
3.
Require the inspector to provide cre-
dentials and the specific legal author-
ity allowing access to the facility.
4.
Establish the parameters of the
inspection during an opening confer-
ence with the inspector and be sure
to have a closing inspection as well.
5.
Never let the inspector conduct the
inspection alone.
6.
Do not let the inspector talk to other
employees.
7.
Do not take the inspector to areas
where an upset or other emergency is
in progress.
8.
Take detailed notes of everything the
inspector sees, asks about, and takes
samples/photos of.
9.
Obtain a copy of any form used by
the inspector during the inspection.
10.
Answer inspectors' questions only
when 100 percent sure of the answer.
11.
Keep records of everything given to the
inspector.
12.
Obtain split samples and keep
records of all samples taken by the
inspector.
13.
Record all photographs taken by the
inspector and obtain copies.
14.
If problems arise and there is a possi-
bility of a criminal violation, stop the
inspection, and escort the inspector
to the lobby to wait until your attor-
ney is contacted.
15.
Insist upon a closing conference and
follow up with the inspector after the
inspection.
Lee D. Hoffman is chairman of Hartford law firm Pullman & Comley's Regulatory, Energy & Telecommunications Department.
Green Tip:
To avoid
pollution
and runoff,
clean floors,
walkways,
and parking
lots with
mops,
brooms, or
vacuums,
instead of
hosing them
down with
water.
