CONSENT FOR ACCESS TO PROPERTY
Owner Name:
Owner Address:
Property Name
and Location:
I, the owner of the property described above or his/her authorized representative, consent to officers, employees and authorized representatives of the (insert name of tribal government) entering and having access to the property described above for the following purposes:
List activities, such as: conducting an inspection under (identify tribal ordinance), installation and periodic sampling of ground water monitoring wells, etc.
I realize that these actions by (insert name of tribal government) are undertaken pursuant to its response and enforcement responsibilities under the (insert name and number of tribal ordinance).
Date______Signature______
Title______
DENIAL OF ACCESS REPORT
On ______at ______I was denied access into
(date) (time)
______at ______
(facility name) (location)
by ______.
(facility representative’s name and title)
for the following reason(s):
List here:
1.______
2.______
______
Signed/Inspector name
______
Signed/Facility Representative
The facility representative, ______, has refused
to sign this Denial of Access Report. (______, ______)
Recommended Narrative Outline for Inspection Reports
GENERAL INFORMATION
Facility Information: (Facility name, address, phone number)
Facility Representative: (Name, job title)
Inspection team: (Name, agency/department)
Date and time of inspection:
Applicable Ordinances/Regulations: (Tribal ordinances, federal regulations, etc.)
Purpose of Inspection: (Inspection of…; Respond to complaint of…)
BACKGROUND: (Describe facility activities, waste generation and management, results of previous inspections, enforcement actions, reason for this visit, etc.)
INSPECTION RESULTS: (Describe the inspection, who accompanied you, date and time of entry, who you met with and their job title, note that you presented your credentials and received a signed access agreement, describe what you communicated to the facility representative about the purpose of the inspection, where you went, what you observed, any suggestions you made to the facility representatives, mention the results of your close-out meeting with the facility representative, the time you left the facility, and any possible violations you observed. Mention whether you took any samples or photographs. Photographs should be numbered and described in the report or an attachment. Sampling should be described in detail.).
RECOMMENDATIONS: (Describe next steps, such as consult with legal counsel, proceed with enforcement, contact another agency for information, etc.)
______
Signature Date of report
Name and title of person who prepared report
List Attachments
Photograph documentation -the following documentation should be provided for each photograph:
Site Name
Photo subject and notes: (such as, “Photo of above-ground storage tank - note soil staining under tank”)
Location on site:
City: County:
Date: Time:
Weather:
Photographer: Witness:
Camera:
Photo number: Photo file location:
PRE-INSPECTION WORKSHEET
Task Completed / Description of activityContact/coordinate with other offices and agencies:
-
-
-
Complete/verify facility information:
-Facility name,
-Address,
-Phone number
-Facility contact and job title
Obtain and review applicable documents:
-Complaint,
-Tribal ordinance/s and federal regulations,
-Permit,
-Enforcement documents (letter, NOV, administrative order)
-Facility reports
-Other
Assemble inspection package:
-Notification form
-Previous inspection reports, if any
-Permit, if any
-Inspection checklist
-Copy of tribal ordinances and federal regulations
-Inspection equipment (camera, notebook, etc.)
-Safety equipment
-Credentials or similar identification
-Access agreement and denial of access forms
-Other
Scheduling the inspection:
-Letter of intent to visit (if inspection will be announced ahead of time)
-Establish date for inspection
-Follow-up phone call to facility, if inspection is announced)
-Complete an inspection plan
-Notify interested parties of inspection schedule
-Other
Develop Inspection Plan
Example:
“NOV requires all solid waste to be removed from site and sent to an approved disposal facility within 30 days of receipt of NOV.” / Example:
“Did the facility remove all solid waste within 30 days of receipt of NOV?___Yes ___No
Was the waste taken to an approved disposal facility?___Yes ___ No”
Example:
“Permit requires all solid waste disposal facilities to
INSPECTION CHECKLISTS
I. General Site Inspection Information Form
A. Site Name:
B. Address or location:
C. Owner Name:
Operator Name:
D. Mailing Address:
E. Phone Number:
F. Facility Contact and Phone Number:
G. Facility Description:
H. Type of Ownership
____Tribal Trust ___ Tribal Allotment ___ Fee (Tribal owner) ___Fee (Non-Tribal owner) ___ Federal ___ State ___ County ___Municipal
K. Regulatory Status (i.e., licensed or permitted by the Tribe or EPA, under what ordinance or law)
L. Inspector Information
Principal inspector name______
Organization______
Phone number______
Inspection participants and affiliation:
1.______
2.______
3.______
Recommended Narrative Outline for Inspection Reports
GENERAL INFORMATION
Facility Information: (Facility name, address, phone number)
Facility Representative: (Name, job title)
Inspection Participants: (Name, agency/department)
Date of Inspection:
Applicable Ordinances/Regulations: (Tribal ordinances, federal regulations, etc.)
Purpose of Inspection: (Inspection of…; Respond to complaint of…)
Coordination: (Assisted by…; copy of report to…, information obtained from...)
Facility Description: (Description of facility activities, waste generation and management, etc.)
Violations Observed or Alleged: (Regulatory citation/s, nature of violation/s, evidence.)
INSPECTION SUMMARY: (Describe the inspection, who accompanied you, date and time of entry, who you met with and their job title, note that you presented your credentials and received a signed access agreement, describe what you communicated to the facility representative about the purpose of the inspection, where you went, what you observed, any suggestions you made to the facility representatives, mention the results of your close-out meeting with the facility representative, the time you left the facility, and any possible violations you observed. Mention whether you took any samples or photographs. Photographs should be numbered and described in the report or an attachment. Sampling should be described in detail.).
______
Signature Date of report
Name and title of person who prepared report
List Attachments
OUTLINE OF A NOTICE OF VIOLATION (or Warning Letter)
Date:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Name
Facility Name
Address
RE: Notice of Violation
Dear :
· First paragraph - note the date and nature of the inspection or date of complaint, explain why the noted activity is a violation and cite what regulatory standards it violates.
· Second paragraph - provide additional background information, as appropriate and perhaps note what potential threat is posed by the activity (such as, has the potential to contaminate tribal waters).
· Next paragraph - state what must be done to correct the violation and return to compliance with the regulatory standard and by what deadline.
· Next paragraph - include an escalator clause, if appropriate, to explain what will happen if the facility does not return compliance in the stated timeframe. This paragraph may mention what the possible penalty could be for noncompliance.
· Last paragraph - provide contacts (names and phone numbers) of who to contact in case of questions about this letter.)
Sincerely,
Name, title
Enclosures (if applicable)
Cc:
Bc: