DISCOVERY and DOCUMENTATION

Ah, hah!

Uh-oh!

Hmm…

Inspections result in verification of compliance OR…

• Violations• Three general

categories:• We can take care of it

right away• This is going to take

some time• This has to be stopped

NOW

Informal

• Things that are not causing damage to the POTW

• Things that can be fixed using on-site resources under the authority of the site contact

• Things that can be completed within six weeks

So, what do we do about it?

• Follow your Enforcement Response Plan!

• Investigate, remembering that it could end up in court.

• Write it all down, especially if it gets taken care of while you’re still there!

• If you photograph the violation, you will need to photograph compliance, once it happens.

• Cite what was violated… 40CFR403, SUO, or Control Mechanism

Formal

• Potential damage to POTW

• Things needing resources… lots of resources

• Things that take time• ERP may state some

violations as formal by definition

So, now what do we do?

• As with informal, but you’re preparing the evidence justifying expenditure of resources

• Make you citation air-tight! Quote the reg, SUO, control mech.

• Accuracy is paramount

• Be specific as you can. This make take more time. Don’t let situation hurry you.

• Give your boss a head’s up

• Remember the goal. Protect the POTW.

Cease and Desist

• Damage to POTW, damage to environment, public danger

• “Exercise of emergency power”

• Get help

• Accuracy is essential (at the least, money is at stake)

So, what do we do NOW?

• Get the damage stopped!

• Act within your authority.

• Document, document, document, DOCUMENT!

• You’re probably going to be there for awhile.

• Don’t over-react. We’re still fitting the response to the situation.

• Give your boss, the collections crew, and the plant operators a head’s up.

Documenting

• Get the basics right. Where are you? What time is it? Who are you talking to? Why are you there? What do you see?

• Subtle things… what do you NOT see? What changed?

• Describe situation and violation, including citing 40 CFR, SUO, and/or control mechanism provisions that apply

• If you use photos, note what you’re taking pix of while you have the camera in your hand

Paperwork Violations

• Prepare and use a checklist to review submittals

• Follow your ERP• Close the loop. If no

problems, acknowledge report

• Pay close attention to meeting due dates

Questions?

• Jeff Carter

• UW – Burbank

• (818) 972-1115 x17

• Jeff.carter@unitedwater.com

• 740 N LAKE ST BURBANK CA 91502