• My business is scheduled to have an inspection by a regulatory agency. What should I expect and what documents should I have on hand?

Purpose of inspections

Inspections are a means for regulatory agencies to verify that a business is operating within regulatory requirements. Inspections are completed to:

• Observe how a business is physically conducting its operations
• Review and verify that a business has maintained the proper documentation and records
• Verify compliance with applicable regulatory and permit requirements.

When Inspections Will Occur

As part of the inspection process, a local, state, or federal representative may arrive at your business either announced or unannounced to perform an inspection of your business. Inspections are typically conducted every one to three years. However, more frequent inspections could occur at facilities with outstanding or recurring compliance issues.

What Inspectors Look For

Typically, the inspection will consist of examining your facility for such things as:

• Proper handling and storage of hazardous substances
• Clear labeling of hazardous substance containers
• Proper posting of signs
• Equipment requiring a permit
• Equipment performance
• Housekeeping measures
• Compliance with written permits
• What Documents to Have Available

Common types of documents reviewed during the inspection process include, but are not limited to:

• The last three years of hazardous waste collection and disposal records or manifests
• Copies of completed recordkeeping logs/usage forms
• Copies of "Plans" [e.g., Spill Prevention Control and Countermeasures Plan (SPCC); Storm Water Pollution Prevention Plan (SWPPP); Risk Management Plan (RMP); Hazardous Materials Plan (HMP)]
• Permits
• Monitoring/sampling records
• Equipment maintenance records
• Employee training records
• Material Safety Data Sheets (MSDS)

About Inspection Reports & Violations

Typically, you will receive a copy of the inspector’s report identifying any violations, required corrective actions and specific time frames in which you will need to correct deficiencies (often, immediately). Usually, this report is titled a "Notice To Comply” or “Notice To Correct." In some cases, penalties may be assessed.

If You Need Compliance Assistance

If you are issued a "Notice to Comply” or a “Notice To Correct" and you feel frustrated in trying to understand and comply with the regulatory requirements, you may contact either:

• Your inspector to discuss the matter
• BERC

BERC may be able to provide you with compliance assistance. BERC also offers mediation services as an ombudsman between the business community and agencies.

BERC’s neutral third party role is to listen to all sides of an issue, facilitate communication, develop creative solutions, and reach equitable agreements that benefit all parties. Our efforts have saved businesses and agencies thousands of dollars. Please contact BERC if you would like to know more about our ombudsman services.