One of the scariest moments for any business is when a government regulator walks in the door and asks to inspect your facility.
Businesses that handle hazardous waste must be particularly concerned if they have not complied with their hazardous waste generator requirements.
The Department of Toxic Substances Control (DTSC) is the California state agency that is tasked with regulating the generation, transportation, treatment, storage and disposal of hazardous waste. The DTSC monitors compliance with hazardous waste requirements by conducting facilities inspections.
Preparation for inspections is key to a successful outcome … not only in ensuring you are compliant but understanding what to expect during these stressful events. Here are 11 things you need to know about a DTSC inspection that will help prepare your business for what may be inevitable:
- The frequency of visits varies based on several factors.
- You may have no notice.
- California Health and Safety Code grants permission for inspections.
- Your inspection begins before the DTSC arrives.
- Inspectors review facility records.
- Your storage, treatment and disposal areas will be examined.
- DTSC could coordinate with other agencies.
- Your health and safety plan needs to be up to date.
- Be prepared for interviews.
- There may be potential for follow-up inspections.
- Preparation is key to a successful outcome.
Frequency Of Visits Varies
Let’s begin by addressing how often you should expect DTSC representatives to visit. The frequency of inspections for
businesses can vary based on several factors, including the type of business, the potential risks associated with its operations, past compliance history and specific regulatory requirements.
However, there are general guidelines that can provide a basic understanding:
- Routine Inspections: These are typically conducted on a regular basis for facilities that handle hazardous waste. The exact frequency can depend on the type and volume of hazardous waste generated or managed by the business.
- Risk-Based Inspections: Businesses that handle larger quantities of hazardous waste or pose higher environmental risks might be inspected more frequently. The DTSC may use a risk-based approach to prioritize inspections, meaning facilities with a history of violations or those dealing with particularly dangerous substances may see inspectors more often.
- Complaint-Driven Inspections: If the DTSC receives a complaint or report of potential violations or environmental hazards, an inspection may be triggered regardless of the routine schedule.
- Follow-Up Inspections: If a business was previously found in violation of regulations, follow-up inspections may occur to ensure that corrective actions have been implemented and compliance is maintained.
- Special Programs or Initiatives: The DTSC may conduct inspections as part of special enforcement initiatives or targeted programs focused on specific industries or regions.
According to the DTSC, more than 40% of all inspections, complaint investigations and enforcement actions take place in areas that have multiple pollution sources.
Businesses can consult directly with the DTSC or review specific regulatory guidelines relevant to their operations to get a clearer picture of the expected inspection schedule for their particular circumstances.
Notice Or No Notice?
One of the most common inspections is the Compliance Evaluation Inspection (CEI). This is a rigorous inspection that checks all aspects of a facility’s hazardous waste operations.
With all but a few exceptions, NO PRIOR NOTICE IS GIVEN TO A FACILITY PRIOR TO AN INSPECTION. This means that inspectors will show up at a facility, identify themselves as DTSC inspectors, present their agency credentials and ask for the person in charge of maintaining the facility’s hazardous waste compliance program.
The inspector informs the compliance manager about the purpose of the inspection and requests, obtains and documents consent to conduct the inspection from the operator prior to beginning the inspection.
In some cases, the DTSC may notify a company in advance of an upcoming inspection. This is often done for routine inspections or when the DTSC needs to ensure that specific personnel or records are available. Advance notice allows businesses to prepare necessary documentation and ensure key staff members are present.
The choice between announced and unannounced inspections is influenced by factors such as the purpose of the inspection, the facility's compliance history, and the nature of the operations. For businesses, it's important to maintain ongoing compliance with regulations, keep records up-to-date, and ensure that all safety protocols and procedures are consistently followed, as inspections can occur at any time.
California Health And Safety Code Grants Permission
You may be wondering how the DTSC has the authority to inspect your property.
The California Health and Safety Code section 25185 provides the DTSC with the authority to conduct inspections. As part of these inspections, the organization is allowed to conduct sampling activities, inspect and copy documents, and take photographs at sites or establishments where hazardous wastes are stored, handled, processed, treated or disposed.
It is DTSC policy that the organization will conduct inspections and write inspection reports as part of its duties. DTSC inspectors are responsible for identifying and documenting all violations at a facility during an inspection, and if they discover violations at a facility, they have authority to initiate enforcement actions on the spot.
Your Inspection Begins Before The DTSC Arrives
The inspection of your begin often begins before inspectors ever set foot on your property.
Prior to the inspection, inspectors go through an offsite facility background check that includes gathering valuable research to aid them once they arrive at your warehouse or facility.
Much of this research focuses on becoming familiar with the facility’s hazardous waste activities, regulatory status, the regulatory standards the facility shall meet, and health and safety requirements.
Typical background checks include:
- A file review
- Hazardous Waste Tracking System review
- Regulatory status check
- Coordination with permitting teams
- Coordination of financial responsibility review
- Coordination within DTSC
- Coordination with other agencies
- Health and safety plan review
- Equipment and supplies on hand
- Pre-sampling activities
This thorough preparation and background check that occurs before inspectors arrive at your facility shows the importance of having all of your documentation and compliance measures in order well in advance of an inspection.
Inspectors Review Facility Records
During a DTSC inspection, one of the critical components is the review of facility records. Inspectors will scrutinize various documents to ensure that your business is maintaining compliance with hazardous waste regulations.
These records provide a detailed account of your hazardous waste management practices and must be accurate and up-to-date.
Key records that inspectors typically review include:
- Manifests: These documents track all aspects of hazardous waste disposal, including transportation, ensuring that all waste is properly documented from cradle to grave.
- Biennial Reports: Required for large quantity generators, these reports provide a summary of hazardous waste activities over a two-year period.
- Training Logs: These records show that all relevant personnel have received proper training in hazardous waste handling and emergency procedures.
- Inspection Logs: Logs document regular internal inspections of hazardous waste storage areas and equipment to identify and address potential issues.
- Contingency Plans: These plans outline procedures for responding to emergencies involving hazardous waste, including spills, fires and other incidents (more on this later).
- Waste Analysis Records: These records include information on the composition and characteristics of hazardous waste necessary for proper handling, storage and disposal.
By reviewing these records, inspectors assess whether your facility consistently follows regulatory requirements and best practices in hazardous waste management.
Your Storage, Treatment And Disposal Areas Will Be Examined
Knowing what inspectors will look for when examining your storage, treatment and disposal areas can help you be
prepared and remain in compliance.
During a DTSC audit inspectors will look for the following:
- Proper Labeling: All containers and storage units must be clearly labeled with the contents and hazard warnings. Hazardous waste labels should be legible and prominently displayed.
- Container Integrity: Inspectors will check that containers are in good condition, free from leaks, corrosion or damage that could result in the release of hazardous waste.
- Adequate Storage Practices: Hazardous waste should be stored in a manner that prevents spills, leaks and contamination. This includes maintaining sufficient aisle space, using secondary containment systems and ensuring incompatible wastes are segregated.
- Compliance with Accumulation Time Limits: Facilities must adhere to the time limits for storing hazardous waste on-site, typically 90 days for large quantity generators, unless they have specific permits allowing longer storage.
- Proper Treatment Methods: If your facility treats hazardous waste, inspectors will verify that the treatment processes comply with regulatory standards, including proper operation of treatment equipment and adherence to treatment protocols.
- Disposal Records and Practices: Inspectors will review records to ensure hazardous waste is disposed of through authorized and compliant methods. This includes verifying that waste is transported by licensed haulers to permitted disposal facilities.
- Maintenance of Disposal Areas: Disposal areas must be properly maintained to prevent environmental contamination. This includes regular inspections, housekeeping practices, and maintaining the structural integrity of disposal units.
By thoroughly examining these areas, inspectors ensure that your facility is not only compliant with regulatory requirements but also minimizing risks associated with hazardous waste management.
DTSC Could Coordinate With Other Agencies
The DTSC often works with other regulatory agencies to ensure comprehensive oversight and compliance. This collaborative approach helps address the many aspects of hazardous waste management and environmental protection.
Inspectors may work with agencies like the U.S. Environmental Protection Agency (EPA), the California Department of Public Health (CDPH), the California Occupational Safety and Health Administration (Cal/OSHA) and local environmental health departments to ensure that inspections cover all regulatory bases.
This allows the agencies to share important information and get a complete picture of a facility’s compliance status, as well as any potential risks.
If the inspection uncovers violations and risks to human health and the environment, enforcement agencies may be brought in to levy fines and ensure corrective measures are applied.
Your Health And Safety Plan Needs To Be Up To Date
Maintaining an up-to-date health and safety plan is crucial for businesses that handle hazardous waste. During a DTSC inspection, inspectors will closely scrutinize your health and safety plan to ensure it effectively addresses potential risks and complies with regulatory requirements.
Inspectors will look to see if you have these in place as part of your safety plan:
- Comprehensive hazard assessment that shows you’ve done a thorough assessment of potential hazards
- Emergency response procedures that outline clear and concise procedures for responding to emergencies, such as spills, leaks, fires or other hazardous incidents
- Employee training and awareness to verify that all employees who handle hazardous waste are adequately trained in safety procedures and emergency response protocols
- Personal protective equipment (PPE) required for various hazardous waste handling activities, including gloves, goggles, respirators or protective clothing
- Chemical exposure monitoring includes provisions for monitoring employee exposures and implementing controls to minimize risks
- Regular plan reviews and updates to reflect changes in operations, equipment, regulations or best practices.
By maintaining an up-to-date and comprehensive health and safety plan, you demonstrate your commitment to protecting the health and safety of your employees, the surrounding community and the environment.
Be Prepared For Interviews
During a DTSC inspection, inspectors may conduct interviews with management and employees to gain a deeper understanding of your facility’s hazardous waste management practices and overall compliance status.
Being prepared for these interviews is essential to ensure clear communication and demonstrate your commitment to compliance.
First and foremost, it's important for management and designated employees to familiarize themselves with the facility's hazardous waste management procedures, protocols and regulatory requirements. This includes understanding the types of hazardous waste generated, how it is stored, treated and disposed of, as well as any specific safety measures in place.
Employees who may be interviewed should be briefed on the purpose of the inspection and the types of questions they may be asked. They should understand the importance of providing accurate and honest responses while also being mindful of the information they share. Training sessions or refresher courses on hazardous waste management practices and safety procedures can help ensure that employees are well-prepared to answer questions confidently and accurately.
During interviews, inspectors may inquire about various aspects of hazardous waste handling, including storage practices, waste minimization efforts, employee training, emergency response procedures and recordkeeping practices. It’s crucial for interviewees to remain calm, focused and cooperative while providing thorough and truthful responses to the inspector’s questions.
Maintaining open lines of communication between management and employees is also key to ensuring consistency in responses and avoiding any discrepancies that could raise concerns during the inspection. Regular communication about hazardous waste management practices, compliance updates and any issues or concerns can help foster a culture of transparency and collaboration within your facility.
There May Be Potential For Follow-Up Inspections
After the initial DTSC inspection, there may be the potential for follow-up inspections, particularly if issues or violations are identified during the initial visit.
Follow-up inspections serve as a means for the DTSC to ensure that corrective actions have been taken to address any deficiencies and that compliance with hazardous waste regulations is being maintained.
If violations or areas of non-compliance are found during the initial inspection, inspectors may issue you notices of violation or corrective action orders outlining specific steps that you must take to rectify the issues. Follow-up inspections may then be scheduled to verify that these corrective actions have been implemented effectively and that your facility is in full compliance with regulatory requirements.
During follow-up inspections, inspectors will revisit the areas of concern identified during the initial visit and assess whether the necessary corrective actions have been taken. This may involve reviewing updated documentation, observing changes in hazardous waste management practices and conducting additional tests or inspections as needed.
It's important for you to take prompt and thorough action to address any identified violations or deficiencies to minimize the likelihood of follow-up inspections and potential enforcement actions. This may involve implementing new procedures, providing additional training to employees, making physical modifications to storage or treatment areas, or enhancing recordkeeping practices.
By proactively addressing issues identified during DTSC inspections and promptly implementing corrective actions, your facility can demonstrate its commitment to compliance and minimize the need for follow-up inspections.
Preparation Is Key To A Successful Outcome
Preparation begins with an understanding of your facilities hazardous waste generator status, and the requirements associated with your status.
For most companies, it is wise to bring in a licensed and qualified company that specializes in handling the hazardous waste that your facility generates. It is extremely important for organizations to evaluate their waste handling and disposal procedures before an inspection.
Inspections can be triggered in a number of ways, including disgruntled customer or former employee complaints.
For more information on DTSC inspections, please download a copy of their “Policy for Conducting Inspections” guide. If you are not prepared a DTSC inspection can be one of the most expensive business lessons you ever learn.
Be prepared!
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