LEA Advisory #54—October 26, 1998

1998 Inspection Guide for Solid Waste Landfills—Part 4

Documentation

Early in the day the inspector should determine the best time to interview appropriate site personnel and to inspect facility records. This will allow the inspector to ensure that a supervisor or facility manager is present to answer questions and to find or provide access to necessary records.

The inspector should carry a SWIS inspection report form for disposal sites (Appendix B), some blank paper, a CGI, appropriate health and safety equipment, and a camera throughout the inspection. This allows notes and photographs to be taken as issues arise. It also serves to prevent missing one-of-a-kind photo opportunities. Throughout the inspection the inspector should periodically refer to the SWIS report form to assure that each standard is addressed and that there is enough time to evaluate the remaining standards.

The inspector should also bring a copy of a facility map or diagram. When possible, compliance status and all notes, observations, and applicable comments should be recorded during the inspection, not later in the office.

Evidence includes all field notes, SWIS inspection forms, results of gas monitoring, photographs, samples, drawings, and maps taken or made by the inspector on the day of the inspection. The inspector should maintain control of all such evidence during an inspection and thoroughly review it before leaving the site.

Field notes should be used to record the results of all LFG sampling, measurements, and performance standard testing. To ensure proper documentation field notes should be signed, dated, and contain the facility file number. These field notes are subject to public records requests.

Photographs provide the best documentation of what an inspector has actually observed and, when possible, the inspector should document each violation with photographs. Therefore, it is extremely important that each photograph be properly identified and tied into the inspection report for later use as evidence. It is also preferable that no telephoto or wide angle lens be used as they may distort both the scale and the image.

The inspector should note the facility name, facility file number, date, time, film roll number, direction faced, and name of the inspector taking the pictures in his/her notes. Later, when the developed slides or prints become available, the inspector should transfer this data to the prints or slides and initial or sign each one. Cameras with date/time stamp capability can make this task much easier. When taking photos the inspector should include some items that will show comparative scale, such as a clipboard, person, or vehicle. Ideally, the violation should be clearly shown in each photo. Portable video equipment is also available to CIWMB inspectors for documentation purposes—an LEA may request that a CIWMB inspector document violations with this equipment.

Maps and drawings can be used to document the facility layout on the day of the inspection as well as the location of violations and photo points. These should be carefully drawn with only the necessary details. A compass should always be used to establish a north arrow. Actual distances (from hip chain measurements or measuring wheels) should be shown when necessary.

If an observation is the only evidence of a violation the inspector should describe the activity causing the condition of violation either in the inspection report or notice of violation, including maps or diagrams where appropriate. This description should include how the violation was discovered, what the inspector observed, and why the observation should be considered a violation. When a subjective judgement is made regarding the adequacy of monitoring or controlling the effects of an operation a complete discussion of the facts should include the adequacy of those controls.

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Enforcement Agency Approvals

The following 27 CCR standards may require the EA to provide a finding, determination, requirement, or approval to the operator of a solid waste landfill:

20510—Disposal Site Records
20515—MSWLF Records
20517—Documentation of Enforcement Agency Approvals, Determinations, and Requirements
20520—Signs
20530—Site Security
20550—Sanitary Facilities
20570—Communication Facilities
20580—Lighting
20590—Personnel Health and Safety
20620—Site Attendant
20630—Confined Unloading
20640—Spreading and Compacting
20650—Grading of Fill Surfaces
20670—Availability of Cover Material
20680—Daily Cover
20690—Alternative Daily Cover
20695—Cover Performance Standards
20700—Intermediate Cover
20710—Scavenging, Salvaging and Storage
20720—Nonsalvageable Items
20730—Volume Reduction and Energy Recovery
20750—Site Maintenance
20890—Dead Animals
20919—Gas Control
20919.5—Explosive Gases Control
21780—Submittal of Closure Plans

The EA should review the above standards to assess those requirements that may require additional guidance and/or action to the operator of a SWF. For example, Section 20510 states that "each site operator shall maintain records of weights or volumes accepted in a form and manner approved by the enforcement agency." The EA should establish written requirements for maintenance of these records, e.g., kept in a binder and copies sent by the operator to the EA on a monthly basis. These requirements should be forwarded to the operator and placed in the operating record and may be included in the EA's Enforcement Program Plan (EPP).

Note: 14 CCR §18077(a) requires that, "At a minimum, the EPP shall include the following written components: a procedure manual for inspection, investigation, compliance assurance, enforcement, and hearing panel utilization."

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Operating Record

One of the requirements of the Federal Subtitle D regulations that was incorporated into 27 CCR was the requirement for an operating record to be kept at the landfill or a nearby location. The operating record is required to contain information that will document activities, approvals, problems, excavations, training, etc. The following standards compel specific information to be placed in the operating record. The record shall be available during normal business hours for review by appropriate agencies.

27 CCR §20270—Airport Safety Demonstration
27 CCR §20515—Disposal Site Operating Records
27 CCR §20515—MSWLF Unit Records
27 CCR §20517—Documentation of EA Approvals, Determinations and Requirements
27 CCR §20610—Training
27 CCR §20615—Supervision
27 CCR §20870—Hazardous Wastes
27 CCR §20919.5—Gas monitoring
27 CCR §21780—Closure/Postclosure Maintenance Plan

Other Records

Under certain circumstances other documents may be reviewed to assess compliance with SMS, e.g., salvage material removal records. Salvaged material storage records may indicate the types of materials being salvaged and their removal frequency. Other documents related to the storage and disposal of waste tires may also need to be reviewed.

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Inspection Report

The LEA is required by PRC §43218 to file, within 30 days of the inspection, a written inspection report in a format prescribed by the CIWMB. The prescribed format for this report is the SWIS inspection form. LEA inspection reports should be completed and forwarded to the CIWMB Permitting and Inspection Branch staff person assigned to that jurisdiction. The CIWMB is required by PRC §43220 to prepare and submit a written inspection report within 30 days to the LEA of any state inspection.

Follow-Up Inspections

Follow-up inspections to determine whether a facility has corrected past violations should occur as soon as possible after the established deadline for correction has elapsed.

Interagency Coordination

In addition to the CIWMB and LEAs a number of governmental agencies have authority over solid waste disposal. Potential and/or alleged violations of other agencies' statutes and regulations should be noted on the inspection report and the appropriate agency should be contacted. Agencies that may have authority over disposal sites include the SWRCB, a RWQCB, the Department of Health Services (DHS), the Department of Toxic Substances Control (DTSC), the Department of Forestry, the Department of Occupational Safety and Health (Cal-OSHA), the Air Resources Board (ARB), local Air Pollution Control District (APCD) or Air Quality Management District (AQMD), local and state fire agencies, the U.S. Army Corp of Engineers, the Coastal Commission, the Federal Aviation Administration, the Department of Fish and Game, and the U.S. EPA. The CIWMB recommends that the EA send a letter to appropriate agencies requesting ongoing notification of any violation under their respective jurisdictions at a SWF. Information gathered through interagency communication will allow the inspector to learn of potential or ongoing problems that come primarily under the authority of other applicable agencies yet may be referenced by 27 CCR.

When an inspector observes problems or possible violations of regulations not contained in, or addressed by, 27 CCR, such as a potential health and safety violation (Cal-OSHA–CCR, Title 8) or a potential toxics issue (DTSC–CCR, Title 22) the EA shall refer the matter to the applicable agency or agencies by inspection report, which should contain field notes regarding what was observed. Although apparent issues that would be the responsibility of a different agency may be noted on the inspection report, the EA may not cite a violation that is not contained within the CIWMB's jurisdiction.

This inspection report should then be forwarded under cover letter addressed to the director of the appropriate agency for resolution. Inspection reports filed by LEAs should also be clearly identified by cover letter as a separate referral issue. The CIWMB will provide a designated staff member who will be responsible for monitoring all referrals generated by LEA staff and forwarded to the appropriate state agencies for resolution.

Finally, PRC §44106(d) requires the EA to refer apparent violations of a waste discharge requirement adopted under Section 13263 of the Water Code to the appropriate regional water board.

Table of Contents | Advisory 54