United States
          Environmental Protection
          Agency
Solid Waste And
Emergency Response
(OS-420)   	
February 1991
EPA     Field Citations Training


          Student's  Manual
                                         Printed on Recycled Paper

-------

-------
FIELD CITATIONS TRAINING:

      Student's Manual
   U.S. Environmental Protection Agency
   Office of Underground Storage Tanks

           February 1991

-------

-------
                                 CONTENTS
Module I:   INTRODUCTION TO FIELD CITATION TRAINING	'.. . *  1-1



Module II:   EXPLANATION OF FIELD CITATIONS	 ..	• •   H-1



Module III:  ORGANIZATION AND PROGRAM OVERVIEW  . .	   "1-1



Module IV:  DEFINING VIOLATIONS AND MAKING ENFORCEMENT DECISIONS	  IV-i



Module V:  PROCEDURES  FOR ISSUING CITATIONS	;.;	   V-1




Module VI:  FOLLOW-UP TO ISSUING CITATIONS	  VI-1




ModuleVll:  LEGAL EVIDENCE NEEDS  . .	 .	• •  VIM



Module VIII: CHAIN OF CUSTODY FOR EVIDENCE AND SAMPLE HANDLING	 .  VIII-1



Module IX:  ENFORCEMENT CASE DEVELOPMENT AND TESTIMONY		.   IX-1




Module X:  REGULATED COMMUNITY RELATIONS	X-1



Module XI:  WRAP-UP DISCUSSION 	'...........	, .. f.	 .   XI-1
                                       iii

-------
=-»'

-------
                               MODULE I:




              INTRODUCTION TO FIELD CITATION TRAINING





Desired Outcome for the Module:





     Inspectors will be introduced to what will be covered in the training course.
                                     1-1

-------
          CONTENT OUTLINE
STUDENT NOTES
INTRODUCTION TO THE TRAINING
 A.  Explanation of Field Citations
 B.  Organization  and   Overview   of
     Enforcement Program
 C.  Defining   Violations   and  Making
     Enforcement Decisions
 D.  Procedures for Issuing Citations
 E.  Follow-Up Procedures
 F.  Legal Evidence Needs
 G.  Chain-of-Custody and Sample Handling
 H.  Enforcement  Case  Development  and
     Testimony
 • I.  Regulated. Community Relations
 J.  Wrap-Up Discussions
                               1-2

-------
                                      MODULE II:

                       EXPLANATION OF FI1LD CITATIONS


Desired Outcome for the Module:

          Inspectors will understand their role in accomplishing the mission of protecting human health
   '*•      and the environment                                                           ,

          Inspectors will understand the difference between field citations and standard enforcement

          Inspectors will realize the advantages of using field citations

          Inspectors will be aware of the change from their previous role of inspection officer to their
          new role as enforcement officer

          Inspectors will understand the positive impact of field citations on their jobs            ;;'

          lnspe<- rs will be motivated to use field citations
                                           11-1

-------
           CONTENT OUTLINE
STUDENT NOTES
EXPLANATION OF FIELD CITATIONS

A.   Overview of Module

     1.   Overview of enforcement

     2.   Role of inspectors in enforcement activities

     3.   Field citation program and techniques

     4.  , Advantages of field citations

     5.   Role of inspectors in the field citation program

B.   Mission Statement of the Agency

     1.   To protect human health and the environment

     2.   To promote compliance and enforce regulations

     3.   To  ensure that  violations of regulations are
         addressed in the most effective manner possible

C,   Enforcement

     1.   Enforcement  is  any  action  taken under the
         author, -j provided for in a statute, administrative
         order, c, judicial action  to achieve compliance
         with a law

     2.   One 'of  the  major  roles  of  inspectors is
         promoting compliance  and  enforcing against
         violations

     3.   Field citations are one piece of a comprehensive
         enforcement strategy

D.   Role of Inspectors in Accomplishing the
     Mission of Protecting Human Health and
     the Environment

     1.  Inspectors are the backbone of enforcement
         and compliance efforts

         a.  Inspectors are often the  first and only
             contact the regulated community has with
             the Agency

         b.  Inspectors represent the entire Agency in
             any interaction with the community

         c.  The  effectiveness  of  the enforcement
             program depends on the inspectors
                                     II-2

-------
      CONTENT OUTLINE
STUPENT NOTES
    d.  The public depends on inspectors  to
        confirm that facilities are in compliance and
        not threatening the environment.   '   ;

3.   Inspectors perform more than one essential role
    in the enforcement process

    a.  Official representative of the Agency

    b.  Fact-finder

    c.  Enforcement case developer

    d.  Enforcer/citer

What are Field  Citations?

1.   Field citations usually involve inspectors issuing
    enforcement notices on site, often with a penalty

    a.  Citations are similar to traffic tickets

    b.  Citations are issued by an inspector on site
        or shortly thereafter

2.   Used for clear-cut violations   .

    a.  Simple  J determine  on. site  if a violation
        has  occurred • (e.g.,  no  sample  test
        required)                     '

    b.  No 'grey area" issues

3.   Require owner  or  operator  to  correct the
    violation
                                    i
4.   Can be warnings, notices of violation, short-form
    settlement agreements, etc.

Differences   between   Standard
Enforcement   and    Field   Citation
Procedures

1.   Standard enforcement usually involves Agency
    staff issuing  a Notice  of Violation (NOV)  or
    Administrative Order to an owner or  operator
    through relatively complicated office procedures

2.   Field   citations  involve  relatively   simple
    procedures and are issued in the field

3.   Standard enforcement procedures may include
    the activities of one or more offices and many
    staff
                                  II-3

-------
           CONTENT OUTLINE
STUDENT NOTES
     4.   Inspectors issue citations and handle most of
         the follow-up with field citations

     5.   Standard   enforcement  generally   involves
         extensive paperwork and sometimes  lengthy
         court proceedings; cases are often not resolved
         for long periods of time

     6.   Field   citations  often  eliminate   extensive
         paperwork and court backlogs

     7.  ' Minor violations are often not addressed using
         standard enforcement methods

     8.   Using field  citations, an inspector may  be able
         to address a simple violation quickly before it
         becomes a major problem

         a.  Minor  violations,  when left unaddressed,
             have  the   potential to  become major
             violations

     9.   Standard   enforcement  requires legal staff
         involvement in nearly all cases

     10. Field  citations only involve legal staff at the
         program development stage; most of the issues
         can  be  handle,  by  the  inspector or other
         program staff

G.   Advantages  of Field Citations

     1.  Provides a relatively simple and effective method
         for dealing with clear-cut minor violations

     2.  Allows the State or locality  to take action in a
         manner   that   is   less   complicated  and
         cumbersome   than  standard  enforcement
         proceedings

     3.  Allows more violations to be cited

     4.  Presents clear sense of consequences to owner
         and operators

     5.  Allows violations to  be addressed immediately,
         on site

     6.  Provides the inspector with another  useful tool
         in protecting human health and the environment

     7.  Serves as a deterrent to violators; word  will
         spread in  the regulated community about the
          program
                                        II-4

-------
            CONTENT OUTLINE
                             STUDENT NOTES
     8.   Sets forth enforcement strategy from the outset

         a.   Under  standard enforcement,  policy is
              often  determined after the  enforcement
              action is initiated

         b.   Lack of established policy can be difficult
              and  confusing  for regulated community
              and inspectors

H.   Advantages   of   Field    Citations   .for
     Inspector's Job

     1.   Inspectors find violations and cite them, rather
         than  reporting the  violation to  enforcement
         personnel at the Agency

     2.   Inspectors have the satisfaction of facilitating the
         relatively  speedy   conclusion   of  cases
         ("immediate gratification")

     3.   Inspectors  can  follow  enforcement cases
         through to their conclusion

     4.   Inspectors have responsibility of knowing when
         and what to cite
     5.   inspectors   become  a
          enforcement presence
constant,   visible
     6.   Inspectors will  be  recognized  as effective
          enforcement officers

     7.   Inspectors may  have  more  control  of  the
          outcome  of  their work  through the  use of
          citations
     8.   Lengthy and complicated appeals are unlikely,
          so inspectors will have more control over their
          schedules
     9.   Field   citations   increase   the   inspectors'
          enforcement presence considerably

     10.  Field citations  allow the inspector to issue  a
          warning or  penalty that is  tailored"  to the
          situation   without   requiring   extensive
          administrative resources

     11.  In an  "introductory" warning  citation  program,
          the  inspectors  will  have important  input to
          perfect the procedures; they will be the experts
                      -
                                        II-5

-------
           CONTENT OUTLINE
STUDENT NOTES
     12.  Issuing citations may help Inspectors have an
         immediate effect on protecting human health
         and the environment

         a.   Owners  and  operators  may  be  more
             vigilant about keeping tank systems  in
             compliance   if   violations  are   cited
             immediately

         b.   Owners and operators will realize that the
             Agency "means business," and thus come
             into compliance to avoid citations

I.    Inspectors' Roles May  Change with the
     Implementation  of  the  Field  Citation
     Program

     1.   The  relationship  between  inspectors  and
         regulated parties may become similar to the
         relationship between traffic police and citizens

     2.   Inspectors will  have the authority to  take
         immediate enforcement actions

     3.   Standard enforcement  methods  will still be
         necessary in some situations, especially in the
         case of 'major" violations

     4.   Violations will need to be addressed promptly
         for the program to be effective
                                       II-6

-------
                                   MODULE III:
                 ORGANIZATION AND PROGRAM OVERVIEW

Desired Outcome for the Module:                                                      ,.
         Inspectors will understand their role in the enforcement process
         Inspectors will be familiar with relevant State or local organization and roles and functions of
         the departments
         Inspectors will understand how field citations fit into overall enforcement efforts
         Inspectors will know the details of program implementation
                                         111-1

-------
              CONTENT OUTLINE
STUDENT NOTES
III.  ORGANIZATION AND PROGRAM OVERVIEW

This module is a blank module.  Localities will need to develop
the section using jurisdiction-specific material.
                                     111-2

-------
                                    MODULE IV:
    DEFINING VIOLATIONS AND MAKING  ENFORCEMENT DECISIONS

Desired Outcome for the Module:
          Inspectors will know which violations they will  address using citations
          Inspectors will know what to do if they encounter complicated situations
              (a)  Multiple infractions
              (b)  Combinations of minor and major violations
              (c)  The necessity for standard enforcement procedures

          Inspectors will learn what short-form wordings are and how to use them consistently  -
          Inspectors will understand the purpose of intrc .uctory warning citations
    •   .   Inspectors will understand the importance of consistency     -                   .
          Inspectors will develop a common  understanding, approach,  and vocabulary .among
          themselves                                                        .
                                         IV-1

-------
                CONTENT OUTLINE
STUDENT NOTES
IV.   DEFINING   VIOLATIONS   AND   MAKING
     ENFORCEMENT DECISIONS

     A.   Overview of Module

          1.  Skills necessary to determine when to cite

          2.  Overview of citations and procedures for using
             them

          3. ' Use of short-form wordings

     B.   Judgment in the Field ,

          1.  Clear-cut v. non-clear-cut violations

             a.   Clear-out  violations  allow  simple
                  determination  (on-site)  of  whether  a
                  violation has occurred (no gray areas)

             b.   Inspectors  should  not need  to  make
                  judgment  calls  regarding  whether  a
                  violation has occurred.

             c.   Inspectors can always call a supervisor if
                  they have doubts about a situation
          2.   Local procedure when there are multiple
              (c'rtable) violations at one site      .
          3.   Local procedure when there are both minor and
              major violations on one site

          4.   Local policies for use of standard enforcement
              procedures in certain circumstances
                                         IV-2

-------
            CONTENT OUTLINE
STUDENT NOTES
C.   Warning Citations

     1.    Using introductory warning pitations

 .  ,       a.   Introductory warning citations are meant to
              introduce  both the regulated community
              and  inspectors to the procedures of the
              citation program

          b.   " le citations are useful as public relations

              1) Introducing  the   program  to  the
                 regulated community and the  general
                 public

              2) Informing the regulated community of
  .   .-           its responsibilities     .

          c.   The   citations  generally  do  not  carry
              penalties or immediate enforcement actions

          d.   The citations are designed to warn owners
              and  operators to correct violations;  the
              Agency  will  take  further  enforcement
              actions if violations are not corrected

-          e.   The  end of the warning period

               1)  Violations coulcl possibly be added to
                  the program

               2)  Procedural adjustments could be made

               3)  Penalties could be attached to specific
                  violations

          f.    Inspectors  should  use  the  period  to
               evaluate  the  procedures and  help  to
               develop an efficient program

      2.  Ongoing warnings

          a.   If the program is not using introductory
               warning  citations,  or if the introductory
               period   is  complete,  there  may   be
               circumstances in which it is appropriate to
               "warn1 owners and operators

           b.   Warning an owner or operator implies that
               there will be no formal enforcement actions
               at present, but  the  violations) must be
               corrected or formal actions will result

           c.   Warnings will probably  be  an option for
               you only in limited circumstances, e.g., the
                                         IV-3

-------
            CONTENT OUTLWE
STUDENT NOTES
              owner or operator is aware of the violation,
              has contracted with someone to fix it, and
              the contractor is coming the next day

         d.   Warnings,  should  not  be  used
              indiscriminately;  the citation program  is
              designed to  give  a clear enforcement
              message to owners and operators

D.   Short-Form  Wordin js

     1.  Short-form wordings  are concise phrasings  of
         regulations

         a.   Easy to remember                    :

         b.   Recorded .on citations

         c.   Used to cite violations

     2.  In programs  with  penalties, each short-form
         worded violation  or category  of  violations
         corresponds to a particular penalty amount

     3.  Inspectors should be familiar with the wordings
         and the full meaning of each before conducting
         inspections

     4.  It will be  useful 1 > bring a sheet-form  list  or
         booklet on inspec'.oris, if available

     5.  Consistency of wordings is important

         a.   Short-form wordings  should be  quoted
              exactly in all situations

         b'.   The code should be the guide; inspectors
              should not try to fit" a situation to the code

     6.  Each short-form wording should  be carefully
         defined and  reviewed  by program  staff and
         inspectors before it is used in the field

     7.  Inspector  input is  essential  in .developing
         wordings; it is important to  report short-form
         wordings commonly misunderstood by owners
         or operators to program directors so that they
         may be revised
                                       IV-4

-------
                                  MODULE V:

                   .'   •                   f
                                          %


                  PROCEDURES FOF ISSUING CITATIONS






Desired Outcome for the Module:



         Inspectors will understand correct procedures for issuing field citations



         Inspectors will know when and where to issue citations



         Inspectors will realize the importance of accuracy



         Inspectors will know how to handle mistakes
                                       V-1

-------
                CONTENT OUTLINE
STUDENT NOTES
V.   PROCEDURES FOR ISSUING CITATIONS
     A.   Overview of Module
          1.   Procedures for issuing citations
          2.   Procedures for filling out citations
          3.   Importance of accuracy and completeness
     B.   Identifying the Owner or Operator
          1.   To whom can citations be issued?
              a.   Owners, if known  and readily  available,
                  should be issued citations
              b.   Operators (managers) on site at facilities
                  should be issued citations if owners are not
                  available
              c.   Any  persons on  site  can be  issued
                  citations  if  owner  or operator  is  not
                  available  (search  for  someone  with
                  authority first)
               ,1) Persons with v.. ,pm inspectors  have
                     held  an  opting  conference  and
      .            •   explained the purpose of the visit
                  2) Persons   in  charge   of  business
                     operations at the time of the inspection
                  3) Whoever is on site at the time of the
                      closing conference
          2.  'Owners or operators"
              a.  Property owner
              b.  Owner of the business
              c.  Manager of the business, if manager runs
                  business in the place of the actual proprty
                  or business owner
                                           V-2

-------
            CONTENT OUTLINE
3TUDENT NOTES
C.   When to Issue Citations

     1..  If there is someone on site available to speak
          with, hold an opening conferente before the
          inspection begins      .   •      ;

          a.  Explain that there is  a new enforcement
              program and you now have the authority to
              issue citations

        ' b.  Stress that the  new program does not
              mean that the regulations have changed,
              only the method of addressing violations
       • '           ••*                        .
     2.   If there are no violations on a site, do not say
          there  are  no  violations,'  merely  say  "no
          violations are detected at this time1"

     3.   If there are violations addressable with citations
          at a site, issue the citation after the inspection,
          during a closing conference

     4.   Issue the citation after you leave the site, from
          the office, if unsure  about violations or if the
          persons on site are belligerent or angry •

          a.  Do not leave the site without explaining to
              persons on  site that  a citation will  be
              issued

          b.  Do not leave the site allowing the persons
              on site to believe that nothing was wrong
              at the site
                                         V-3

-------
            CONTENT OUTLINE
STUDENT NCFES
D.   Filling in the Blanks

     1.  Specific information

         a.   Date

         b.   Time

         c.   Violation (s) -   short-form wording (s) and
              appropriate codn section (s)

         d.   Name and address of facility

         e.   Name and address of owner or operator

         f.    Inspector's   name  and   identification
              information

         g.   Hearing  or  court  date,  if  inspector is
              required to set one on site

         h.   Inspectors' informal conference  date,  if
              necessary

         i.    Reinspection   date,  if   inspectors  are
              required to set them when issuing citations

     2.  Signature of persons on site -

         a.   Attempt to get an appropriate  person on
              site to acknowledge receipt of the citation
              by signing "it

         b.   Emphasize to persons on site that signing
              citations is not an admission of guilt, it is
              simply  an acknowledgement that  the
              citation was received

         c.   If persons on site refuse to sign, avoid  a
              confrontational situation

              1)  Check records back at the office to
                  determine if there is someone else to
                  whom the citation can be issued

              2)  Citations  can   be   posted  on  the
                  premises (if you have a camera, take a
                  picture of the posted citation)

              3)  Call supervisors to.get advice on how
                  to proceed
                                        V-4

-------
           CONTENT OUTLINE
                                                             .  STUDENT NOTES
    3.   Complete the citation legibly and in pen, and be
         certain that information goes through to each
         copy in multi-copy citations '           x   •

    4.   Check  the  citation  for  completeness  and
         accuracy.

    5.   Provide  the  owner or  operator  with the
         appropriate copy of the citation

    6.  , If using introductory warning citations, follow aJJ
         procedures correctly

         a.   It  is .important  to  the evaluation  of the
              program for inspectors to be thorough

         b.   Inspectors  should not develop a relaxed
              attitude about citations

E.   Recording Hearing Dates on the Citation

     1.   Brief overview of local appeals process

     2.   Local procedures for setting hearing dates

     3.   Local   process  for  scheduling   informal
         conferences

F.   Accuracy

     1.   Inaccuracy may invalidate citations

     2.   AH sections of citation  must be  filled  out
         accurately and thoroughly

     3.  Guesses  should be avoided;  get the correct
         information

      4.  Some  information  may  be  available from
         department records, check them before going
         on the inspection

          a.  Name and address of owner or operator

          b.  Permit/license number
                                        V-5

-------
            CONTENT OUTLINE
STUDENT NOTES
G.   Dealing with Mistakes

     1.   Mistakes will happen

         a.  Mistakes  are  expected  within  a  new
             program

         b.  Do not refrain from using citations out of
             fear of making mistakes

        ' c.  Check and double-check citations to spot
             mistakes before issuing

     2.   Modifying a citation

     3.   Voiding a citation

     4.   Lost or damaged citations
                                      V-6

-------
                                   MODULE VI:



                     FOLLOW-UP TO ISSUING C8TATIONS
            *•                                               '              *



Desired Outcome for the Module:


         Inspectors will know procedures for handling citations and administrative details


         Inspectors will be able to answer questions from owners or operators


       ',  Inspectors will understand that follow-up to issuing citations is important
                                        "VI-1

-------
                CONTENT OUTLINE
STUDENT NOTES
VI.  FOLLOW UP TO ISSUING CITATIONS

     A.   Overview of Module

          1.   Inspector obligations after issuing citations

          2.   Delivery of citations

          3.   Procedures for post-inspection paperwork and
              follow-up

     B.   Ensure   that  the  Owner   or  Operator
          Understands the Process

          1.   Ask questions

          •   a.   "Do you understand what I'm citing you
                  for?"

              b.   "Do you understand what  you must do
                  now?"

              c.   "Any  questions?"

          2.   Distribute   and  explain outreach  materials,
              especially if using introductory warning citations

              a.   Outreach materials and  explanations  of
                  process  are likely to make the inspectors'
                 jobs easier in the long run

              b.   Outreach materials  explain  the  entire
                  process  to  owners or operators so that
                  inspectors are not held  responsible  for
                  incorrect information

              c.  Outreach materials should list a number
                 that owners or operators can call for further
                 information and clarification

          3.   If necessary,  explain procedures for hearings,
              informal conference, or appeal  •

              a.  Explain clearly to the owner or operator the
                 right to request hearing/appeal/conference

              b.  If a date  has been set on site, remind the
                 owner or operator
                                         -VI-2

-------
      CONTENT OUTLINE
STUDENT NOTES
    c.   Explain  the   purpose   of  the
        hearing/appeal/conference

        1)  Allows owner or operator to explain or
            ask questions

        2)  Does  not  imply that penalty will  be
            reduced or eliminated or that violation
            does not need to be corrected

    d.  Do not encourage the owner or operator to
        request a hearing or not to; explain the
        procedures in simple ("plain English") terms

    e.  Make the owner or operator aware that the
        inspector will  not  be  responsible for the
        final decision

4.   Explain what the citation does not do

    a.  Does not waive responsibility for continuing
        to comply with regulations

    b.  Does  not  preclude  other enforcement
        actions at a later date

5.   Stress  that  payment  of  penalty  does  not
    eliminate   responsibility  for  correcting  the
    violation!   .

6.  Set a reinspection date, if necessary

7.  Explain   process   for   self-certification   of
    compliance, if necessary

    a.    Give  owner  or operator forms for self-
          certification

     b.    Explain  that  self-certification  is  taken
          seriously by program administrators

     c.    Explain that  reinspection could occur  at
          any time

 8.   Explain process for standard  enforcement, if
     necessary

     a.   If violations  at the site are  not covered
          under  the  field  citation  program, the
          distinction  between  the two  types  of
          enforcement  strategies  should  be
          explained
                                   VI-3

-------
            CONTENT OUTLINE
STUDENT NOTES
          b.   If violations at the site require both citations
              and standard enforcement, explain the
              relationship   and   the  two   sets  of
              responsibilities

C.   Distribute  "Helpful" Information

      1.   DO NOT provide specific technical assistance
          (the Agency can be held liable for any incorrect
          information provided by inspectors)

          a.   Do  not advise the owner or operator on
              methods to correct the violation

          b.   .Suggest that the owner or operator call
              program supervisors or a contractor for
             , help                       .

      2.   Provide  the owner or operator with a list of
          contractors, if available

          a.   Make it clear  that the  list  is  not an
              endorsement

          b.   Do  not recommend one contractor  over
              another

     3.   Provide only correct information

          a.   Do not provide any information that you are
              not  certain of

          b.   If you are not sure, say "I don't know and
              I'll follow-up or you can contact.."

D.   Options for Delivery of the Citation

     1.   Hand deliver on site

          a.   Hand directly to individual on site

          b.   Post on office door or window

     2.   Mail from office

          a.   Regular post

          b.   Certified mail

          c.   Registered mail

     3.   Delivery from office by administrators
                                      VI-4

-------
            CONTENT OUTLINE
STUDENT NOTES
E.   Processing the Citation

     1.   The Agency must have the proper materials for
         processing of the case

         a.   Closing out the case

         b.   Tracking timely payments of penalty  or
              correction of violations

   •     - c.   Handling appeal or hearing requests

     2.   Distribute citation copies to appropriate staff

         a.   Owner or operator

    .-    b.   Administrators

         c.   Inspector

         d.   Legal staff

F.  Paperwork

     1.   Remember follow-up paperwork

         a.   Inspection reports

'  - '     b.   Field log-book

  •   2.   Complete paperwork promptly

         a.   Prepare paperwork as soon as possible

              1)  If paperwork is not prepared promptly,
                 inspectors may forget important details

              2)  Inspection  reports  are  an important
                 element in an enforcement case

              3)  Good records make easy cases

         b.   Turn in all  paperwork within deadlines
                                      VI-5

-------

-------
                                  MODULE VII:
                           LEGAL EVIDENCE NEEDS

Desired Outcome for Module:
;         Inspectors will understand what constitutes evidence in an enforcement case
         Inspectors will know how credibility is established in an enforcement case
         Inspectors will know the procedures for report writing and submitting reports
                                        •VIM

-------
                 CONTENT OUTLINE
STUDENT NOTES
VII. LEGAL EVIDENCE NEEDS

     A.   Overview of Module

          1.   Definition of evidence

          2.   Importance of evidence

          3.  'Procedures for documentation of evidence

          4.   Overview and guidelines for writing inspection
               reports   .

     B.   What is Evidence?

          1.   Evidence is the means or process by which any
               matter of fact investigated (i.e., the existence of
               a violation) may be established or disproved

               a.   Testimonial evidence:  person's  reported
                   sense impressions and opinions

               b.   Real evidence: object or thing itself (e.g.,
                   contaminated dirt)

               c.   Documentary evidence:  document having
                   significance as a result of its center"

               d.   Demonstrative  evidence:     something
                   prepared or selected to illustrate or make a
                   relevant fact clearer  (e.g.,  photographs,
                   diagrams  drawn  of  sample extraction,
                   maps)

          2.   Evidence  includes matters  which  are  not
               disputed  and  are accepted  by judge  or
               administrative hearing official (e.g., scientifically
               accepted testing devices, geographic location,
               matters of common knowledge)

          3.   Testimonial evidence  will  likely introduce all
               other types into evidence

          4.   Evidence is critical for support  of the Agency's
               case

          5.   Inspector should record all relevant information
               as evidence of the alleged violation
                                            VII-2

-------
                          --1
           CONTENT OUTLINE
STUDENT NOTES
C.   Why is Proper Evidence Important?

     1.. Evidence is necessary for any case in order to
         document the alleged violation

     2.  Evidence is important in case the  inspector is
         issuing a warning and intends to follow up and
         cite if violation is not corrected

     3.  Evidence   is   necessary   for  future  case
        ' development   (in case  the violation  is  not
         corrected after citing and the Agency needs to
         take stronger action)

     4.  Inspector may have to present evidence

         a.   Informal conferences

         b.   Hearings  before  an  administrative  law
              judge (ALJ)

         c.   Appeals hearing

     5.  Physical evidence and documentation make a
         stronger case and  makes it less  likely .that a
         case will be lost

     .6.   Physical   evidence   and . documentation
          demonstrate that the  inspector performed the
         job efficiently and correctly, developing further
          credibility as a witness

      7.   Establishing credibility in one case makes the
          inspector's reputation better for future cases

 D.   Evidence Establishes  Credibility  for the
      Inspector

      1.  Evidence documents an inspector's story  in
          court or in  a written  record  and  reinforces
          credibility as a witness/expert
                                       VII-3

-------
            CONTENT OUTLINE
STUDEf T NOTES
E.   Authenticity,  Relevance, and Foundation
     of Evidence

     1.  Evidence must be authentic and relevant

     2.  Inspectors should follow specific guidelines for
         evidence reports

         a.  Describe site conditions and elements

        ' b.  Note discovery location of the item. (Note
             what was collected at a particular place at
             a particular time)

         c.  Record general identity or sameness

         d.  Record measures taken  at the time to
             ensure later identification of the item

         e.  Note conditions or features  that  vary;
             features or conditions of the item may vary
             from what was collected  by the time they
             are  viewed  as  evidence  (at trial,  for
             example)  (e.g., less material  in  sample
             bottle)

         i.   Note chain of custody path, if known


F.   Proper Documentation of Evidence

     1.  Inspectors must take notes in the field

         a.  Notes are necessary for the enforcement
             case

         b.  Refer to  notes to refresh  memory during
             informal conferences, hearings, court

         c.  Remember that it is difficult to win a case
             without notes

     2.  Photographs

         a.  Photographs may be required at UST sites
             in order to document an enforcement case

         b.  Photos   should  fairly  and  accurately
             document the site
                                     VII-4

-------
            CONTENT OUTLINE
STUDENT NOTES
          c.   Logbook should indicate when, where, and
              of what photos were taken, along with the
              date, time, and your name.         ,  ,

              a. Note where you were standing when
  •               you took photograph

  '.            b. Note the direction  you were  facing
                 when you took the photograph

        ' d.   Date, time, location, and your name should
              be  written on back  of photo  (unless
              automatic date camera is used)

          e.   Negatives  should   be  kept,  envelopes
.  .  •  •        labeled and easy to locate

G.   Field Reports  on Inspection Findings

      1.   Inspection reports present a factual record of an
          inspection

      2.   Well-written reports create an  impression of a
          well-conducted  inspection.  Try to keep the
          notes in  chronological  order to establish  a
          pattern

•     3.   Reports must be  complete  and accurate, as
   ;       they provide the basis for potential enforcement
    :      actions

      4.   Material   shoCild  be  gathered   into  a
          comprehensive report

          a.   Factual  -  verifiable  result  of first-hand
              knowledge

          b.   Relevant - information should be pertinent
              to the subject of the report

          c.   Coordinated  - all  information should be
              gathered into a complete package

          d.   Objective - the report should be factual and
              not draw conclusions from the material

          e.   Neat and legible  - proper use of English
                                       VII-5

-------
       CONTENT OUTLINE
STUDENT NOTES
5.  Certain information should be contained in all
    inspection reports, narrative or otherwise

    a.   Specific reason for the inspection

    b.   Who participated in the inspection

    c.   Actions  taken  during  the  inspection,
         chronologically

    ,d.   Self-certification of  compliance with  all
         procedural and legal requirements

    e.   List  of statements,  records,  physical
         samples  and  other evidence  obtained
         during the inspection

    f.   Record of observations  made during the
         inspection

    g.   Result of any sample analysis

6.  Inspectors  should   keep   several   writing
    guidelines in mind when developing inspection
    reports

    a.   Relate only facts

    b.   Keep it simple

    c.   Keep the reader in mind

         1)  Attorneys and judges

         2)  Other program staff

      •   3)  Violator or potential responsible party

         4)  General  public

     d.   Do not use unnecessary words or personal
         statements

7.   File and submit reports properly
                                  VII-6

-------
                              MODULE VIII:

      CHAIN OF CUSTODY FOR EVIDENCE AND SAMPLE HANDLING


Desired Outcome for the Module:
        Inspectors .will understand the importance of local procedures for collecting evidence and
        handling samples
                                    VIII-1

-------
                CONTENT OUTLINE
STUDENT NOTES
VIII.      CHAIN OF CUSTODY FOR EVIDENCE
          AND SAMPLE HANDLING

     A.   Overview of Module

          1.  Importance of chain of custody

          2.  Policies  and  procedures  for  sample
             management

          3.  Elements of custody

          4,  Overview of chain of custody procedures


     B.   Importance   of   Standard   Operating
          Procedures and Chain of Custody

          1.  Chain of custody procedures allow enforcement
             and legal officials to trace possession  of a
             physical sample or other physical evidence from
             collection to introduction into evidence at a legal
             proceeding

          2.  Sampling and chain of custody procedures may
             be very  important to  the development of
             enforcement cases

    :      3.  Enforcement  personnel  must  be able to
             demonstrate that physical samples were not
             tampered with or contaminated after collection

          4.  Staff must keep accurate written record of the
             possession of evidence

          5.  Procedures apply to sample collection, transit,
             storage, and analysis

     C.   Sample Management in the Field

          1.  Inspectors may be required to take physical
             samples at an inspection site; samples may be
             used as evidence

          2.  The manner in which evidence is handled  after
             it is  collected  at  a  site  is crucial  to the
             enforcement case
                                       •VIII-2

-------
       CONTENT OUTLINE
                                                           STUDENT NOTES
3.   Following  guidelines for sample management
    will make the process simple
                         .  '" v V;*^       >,*4«'^-:."•.- = •
  .a.   Handle samples in accordance with safety
         procedures

         1)  Special  handling  for  highly  toxic
            substances  should be  arranged  in
            advance

         2)  Security provisions should be adequate
            to  protect   both   samples   and
            documents

    b.   Provisions for sample preservation should
         be planned in advance

    c.   Avoid delays in transit

    d.   Samples   should  be  delivered  by the
         inspector  or   shipped   by  the  most
         economical  means, in accordance with
         regulations

    e.   Record handling and shipping procedures.
         to document the integrity of the sample

    f.   Obtain copies of all shipping and handling
         documents for the official inspection file

     g.   Equipment for proper sampling should be
         available to ensure a legally defensible job,
         including bottles, ice, cooler, sample labels,
         and sample bags

     h.   Inspectors should carry  equipment with
         them for sampling

         1)  Bottles,  cooler, necessary  sampling
             and safety equipment

         2)  Sample  tags  and chain  of custody
             records
                                  VIII-3

-------
            CONTENT OUTLINE
STUDENT NOTES
D.   Elements of Custody

     1.  "Custody" refers to physical evidence in the
         actual possession, control, and presence of the
         inspector

         a.   In the inspector's view

         b.   In a storage area to which only inspector
              and identified others have access

     2.  Inspector must document custody of evidence
         at site

         a   Sample tag

              1)  Sample number

              2)  Date

              3)  Sampler's signature or initials

         b.   Field logbook entry

              1)  Time, location, reasons for sampling

              2)  Identification number

              3)  Deviations  from standard  chain of
                 custody

              4)  Observations   which   would   aid
                 identification

         c.   Chain of custody record

              1)  Identify  each   individual  who   had
                 custody of the sample from time of the
                 inspection   until  the   enforcement
                 proceeding

              2)  Include any bills of lading or shipping
                 receipts

         d.   Give receipt for samples given to owner or
              operator at site
                                      VIII-4

-------
            CONTENT OUTLINE
STUDENT NOTES
 E.   Overview   of    Chain   of   Custody
      Procedures    .           r,  .        j,?y-

      1.   Establishing custody

          a.   Sample must be sealed, signed, and dated

          b.   Written record must be maintained during
              collection, transit, and storage of sample

         'c.   Information  should be  clear,  complete,
              accurate, and contain identification number
              of sample

          d.   Custody during transit

              1)  Record  the  name  of  each  person
                  having custody of sample and where
                  stored in the chain of custody record
                  (originator should retain copy)

              2)  Record any  deviations from standard
                  procedures

              3)  Persons in chain of custody should
                  contact others if sample seal has been
                  broken  or  there  is  irregularity  in
                  documentation

•:.•'••'     e.  Special   procedures   for   maintaining
              samples during shipping (to laboratory or
              court)

               1)  Samples must be  accompanied  by
                  chain of custody record

               2)  Obtain a bill of lading if sent by an
                  outside carrier

               3)  Include receipts  and  shipping with.
                  chain of custody documentation

           f.    Other suggestions

               1)  Maintain  documents   so   that   an
                   inspector can testify  about details
                   without total recollection of the events
                                        VIII-5

-------
CONTENT OUTLINE
STUDENT NOTES
  2)  Make deletions on chain of custody
     record with a single line, initialed and
     dated

  3)  Obtain the signature of next person in
     the chain before relinquishing custody

  4)  Minimize the number of people in the
     chain of custody
                          VIII-6

-------
                                MODULE IX:

         ENFORCEMENT CASE DEVELOPMENT AND TESTIMONY
Desired Outcome for the Module:

         Inspectors  will understand their  role  as  enforcement case witnesses  or  program
         representatives                     .                      .  - ,

         Inspectors will understand the objectives of testimony and how to deliver testimony
                                      IX-1

-------
                CONTENT OUTLINE
STUDENT NOTES
IX.   ENFORCEMENT CASE DEVELOPMENT AND
     TESTIMONY

     A.   Overview of Module

          1.   Inspector as a witness

          2.   Overview of the appeals inspector's role in the
              hearing or process

          3.   Guidelines for preparing testimony

          4.   Tips on testifying

     B.   An  Inspector May Be Required to Serve
          as a Witness or. Representative

          1.   Inspectors may need to serve as a witnesses or
              representatives of the  program if owners or
              operators wish to contest violations

          2.   Inspectors may serve as witnesses in a variety
              of situations

              a.   Informal conferences or hearings regularly
                  scheduled for "nspectors and owners or
                  operators

   'i          b.   Appeals hearings for citations

              c.   Court or court related depositions

          3.   Inspectors may be required to hold regular
              informal conferences with owners or operators
              as the first step in the appeals process

              a.   Inspectors may have a regular  day for
                  owners or operators to contest citations

              b.   Inspectors should review citations, reports,
                  files,  or   logbooks  in  preparation for
                  conferences

              c.   Inspectors should remain professional and
                  remember the tactics for dealing with irate
                  persons (covered in Module X)
                                         IX-2

-------
           CONTENT OUTLINE
STUDENT NOTES
     4.   The   administrative  hearing  or  courtroom
         situations will differ

         a.  A courtroom situation is more formal and
             inspectors may not be the only program
             representative; cases are  decided  by
             judges

         b.  An administrative  hearing setting is less
             formal  and  inspectors  may take  on a
             greater role program representative; cases
             are decided by administrative law judges
             (ALJs)

     5.   The role of the witness has several facets:

         a.  A witness provides truthful testimony under
             oath or affirmation

         b.  A  witness  must  testify  from  personal
             knowledge

         c.  The object of testimony is to persuade

     6.   If a  program is using introductory warning
         citations, inspectors will be less likely to appear
         as witnesses in a courtroom or hearing setting

C.   Preparing for Testimony

     1.   Collect as much evidence as possible

         a.   Preparation  for   an  enforcement  case
              begins the moment the inspection begins

         b.   Everything   an  inspector  hears,  sees,
              reviews, samples, and records is potential
              evidence

         c.   Good record-keeping is essential

     2.  Review notes, logbooks,  and reports before
         testifying as hearings or conferences may take
          place some time after inspections

     3.   Meet  with legal  staff to determine course of
          action

     4.   Be prepared to explain  any inponsistencies
          written reports or evidence, and should help to
          determine if there are missing facts
                                        IX-3

-------
            CONTENT OUTLINE
STl "DENT NOTES
     5.   Advise  legal staff if contacted  by opposing
         parties

     6.   Develop  testimony   (using   notes,   case
         preparation forms) and stick with it

D.   Testifying

     1.   Be prompt and dress professionally

     2.  'Be prepared for questions in both direct and
         cross examination from attorneys and judges

     3.   Be consistent with any previous testimony (e.g.,
         depositions)

     4.   Listen to  questions and answer only what is
         asked; do not volunteer additional information

     5.   Answers should be clear, truthful, and concise

     6.   Maintain poise during any hostile questioning
         from opposing representatives

     7.   Refrain from  becoming  angry,  frustrated,  or
         emotional

    , 8.   Always read your testimony • when  offered to
         correct any inaccuracies and sign

     9.  Do   not  include   personal   opinions   or
         assumptions in 'testimony
                                        IX-4

-------
                                    MODULE X:

                     REGULATED COMMUNITY RELATIONS
Desired Outcome for the Module:

          Inspectors will be assertive enforcement officers and perform in a professional manner at all
         - times, avoiding compromising their positions                ...

          Inspectors will know how to communicate clearly the purpose of inspection and what it means
          for the public

          Inspectors will be able to decrease tension in uncomfortable situations and  handle difficult
          people

          Inspectors will know how to handle inquiries from the general public or the press       ,,;:

    -      Inspectors will leave thp class motivate^ to use field citations and make the program work
                                           X-1

-------
                 CONTENT OUTLINE
STUDENT NOTES
X.   REGULATED COMMUNITY RELATIONS

     A.   Overview of Module

          1.  Inspector code of conduct

          2.  Tips on maintaining professional behavior on
              the job

          3. „ Dealing with the regulated communitie:

          4.  Dealing with the public and the press

     B.   Code of Conduct

          1.  The integrity and professional impartiality of an
              inspector are crucial

          2.  Actions  that   seem   innocent   may   be
              questionable

              a.  Avoid  accepting  coffee, food, or  other
                  "small  favors"  from  owners or operators
                  because it will compromise the professional
                  relationship

                  1)  Bring meals or money  for  mo  s with
                      you

                  2)  Simply  refuse offers from owner or
                      operators

              b.  "Small favors" can  be misperceived by
                  court or supervisors

          3.  If.the program requires that inspectors handle
              money (i.e., payment of penalty), be particularly
              responsible and cautious in activities

     C.  Professional Behavior

          1.  Behaving professionally will only help inspectors
              in the long run; it will be hard to issue citations
              after being chummy during the inspection

          2.  Be consistent and fair

              a.  Violations should be cited using objective
                  criteria to avoid situations of inconsistency
                  among  citations;  the  following  are
                  examples of inconsistency


                   1)  Inspector A always cites in  a particular
                                           X-2

-------
      CONTENT OUTLINE
STUDENT NOTES
            situation and Inspector B never does

         2)  Inspector  'A sometimes  cites.,in a
            particular  situation  and  sometimes
            doesn't

    b.   Call supervisors if you are unsure about a
         situation

2.  Be respectful in manner when issuing a citation
   , and each person  equally,  no matter what an
    individual's attitude

3.  Do not attempt to be a consultant

    a.   Provide owners and operators with names
         of  contractors  to   help   them  correct
         violations,   not   giving   a   specific
         endorsement

     b.   Do not provide technical advice to owners
         and operators

         1)  Providing   technical  advice   will
             undermine an enforcement case if the
             information  is incorrect

         2)  An  inspector's  Mie  ft  to  mor. or
             compliance, not to correct problems

-. 4.   Make a decision and act

     a.  Do not spend too much  time debating
         enforcement  options  (field  citations v.
         standard enforcement, etc.)

         1)  Violation  should be clear-cut enough
             that  very little  (if any) judgement is
             involved in  deciding whether to cite

          2)  If the violation is not clear-cut and the
             inspector needs time to think about it,
             the inspector should do  so; citations
             can be issued after the inspection

      b.   Inspectors may revisit facilities, if necessary
                                    X-3

-------
            CONTENT OUTLINE
STUDENT NOTES
D.   Conflict and Criticism

     1.  The relationship between inspectors and owners
         and operators is likely to be adversarial

         a.   Owners and operators may not be used to
              receiving citations and may  resent the
              inspector and the program

         b.   Owners  and operators are likely to have
              animosity toward  inspectors  who  must
              issue them citations

         c.   Direct contact with an inspector may incite
              an owner or operator ("having someone
              there to yell at")

     2.  Inspectors may find that owners and operators
         are angry because they are being hit "in the
         pocketbook"

E.   Dealing with an Irate Person -

     1.  The only "right"  way to  resolve  conflict is
         whatever works in a given situation

     2.  It is useful to put yourself and the person '»' the
         same side as soon-as possible, implyyjjj that
         you can work together                ;i

         a.   "Let's take a look..." or "Let's see if we can
         b.   "I'm getting confused" instead of "You are
              confusing me"

         c.   Infprm the owner or operator know that you
              can put them in touch with people that may
              help to solve problems  -

     3.  People love to hate a government agency

         a.   People   will  be  less  likely  to  attack
              inspectors personally  if it is apparent that
              inspectors are only trying to perform their
              jobs

         b.   Remember that anger is ultimately directed
              toward the citation, not you
                                       X-4

-------
        CONTENT OUTLINE
                                                             STUDENT NOTES
 4.   Effective communication involves tone of voice
     and body language as well as a person's words
.  ••..     •        . ••  •     '    '••$%'•'.'•: '... ••-"•::~':*.'"-".
, 5.   It  is  helpful  to  build rapport with an  angry
     person

     a.   Rapport  does  not  mean that  people
          necessarily like one another, just that they
          have found a way to communicate

    ' b.   Threatening or condescending speech or
          manner should be avoided

     c.   Listening  actively  and showing  it  by
          responding is a good way to build  rapport

     d.   Trying to understand the  other person's
          concerns will make  the exchange more
          positive

  6.  Think in terms of "outcomes'

     a.   A desired outcome is a specific result to be
          achieved  stated  in  positive  terms  and
          visualized

      b.   Thinking positively about  what ttiust be
           done can help to accomplish it

      c.   The desired outcome for  most inspector
     v     situations will be to do the job with a
           minimum  of  conflict, in  a  courteous,
           efficient, and effective manner

  7.   A good method to decrease tension is allowing
      the other person to vent anger

      a.   Stay calm

      b.   Remain calm  and  in  control although
           feeling anxious

      c.   Change the situation if overwhelmed, e.g.,
           standing up, sitting down,  changing seats,
           walking outside, etc.

      d.   Resist  the temptation to say  "just  calm
           down' as it only serves to  fuel anger

      e.   Demonstrate how the other person should
           act by remaining calm
           Get  on with business  when  the other
           person cools down
                                     X-5

-------
           CONTENT OUTLINE
STUDENT NOTES
         g.  Leave if the other person is belligerent and
             the situation seems too difficult to resolve

F.   Handling Questions from the Public and
     Press

     1.   The  citation  program may attract  attention
         because it is new and visible

     2.  , Citations may make the public more aware of
        •environmental  hazards  and, therefore,  more
         aware of the program meant  to alleviate the
         hazards

     3.   The press may wish to question inspectors on
         inspection findings or issuing of citations

         a.  The press may want to find out if there are
             problems at facilities

         b.  The press may simply be curious about the
             new program

     4.   The  public  may question  inspectors  about
         findings at facilities; this may be out of concern
         for health

     5.   Follow agency policy in answ'e  ing questions

         a.  Be  completely  sure about answers; if not
             sure,  say so,  or don't answer (say Til
             check")

         b.  Names of  complainants  in enforcement
             cases should be left out of discussions as
             much as possible
                                      X-6

-------
                                  MODULE XI:
           ,                WRAP-UP DISCUSSION

Desired Outcome for the Module:
         Re-cap primary points covered in the training
         Answer final questions inspectors may have regarding field citations
                                        XI-1

-------
                 CONTENT OUTLINE
STUDENT NOTES
XI.  WRAP-UP DISCUSSION

     •    This training provides you with all the information you
          will need to effectively issue and follow-up on field
          citations.

     •    Your  field  citation  program  will  increase  your
          effectiveness as an. inspector  by allowing you to
          address violations directly and see cases through
          from bee .ining to end.

     •    The new responsibilities this program  entails will
          require  adjustment in  ideas  and  in  roles;  your
          relationship to owners and operators, for example,
          will change as a result of the program.

     •    At the beginning of the program, before you are
          accustomed  to issuing  field  citations, it will be
          especially  important for you  to follow procedures
          exactly.

     •    The field citation program's success is  completely
          dependent upon your attitude and  efforts.   Your
          willingness both to teach and  to learn  from other
          inspectors  will be the most important part of your
          field citations training.

    • •    Field citations will allow y.ju to work through cases
          more   i .ficiently  since   /jolators have  a  strong
          incentiv . to address the cited violation  an 3  pay a
          modest fine.

     •    The field citation program's focus on the inspector
          gives you new and greater responsibilites, as well as
          more control  of your work. Administrative and legal
          staff may not be involved at all in many of the  cases.
                                            XI-2

-------

-------
-1

-------