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Feedlot Inspection Site Access Wq-f5-03. General Site Access ID Card – site access language on back* ID Card – site access language on back* MPCA policy.

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Presentation on theme: "Feedlot Inspection Site Access Wq-f5-03. General Site Access ID Card – site access language on back* ID Card – site access language on back* MPCA policy."— Presentation transcript:

1 Feedlot Inspection Site Access Wq-f5-03

2 General Site Access ID Card – site access language on back* ID Card – site access language on back* MPCA policy is to ask permission even though statute allows MPCA staff access to property without permission of the landowner. MPCA policy is to ask permission even though statute allows MPCA staff access to property without permission of the landowner. Depending on the situation, don’t take no for an answer, try to gain access without the need for an AIO. Inform Regulated Party of right to access and Administrative Inspection Order (AIO) Depending on the situation, don’t take no for an answer, try to gain access without the need for an AIO. Inform Regulated Party of right to access and Administrative Inspection Order (AIO) Leave if denied access, record information and determine if AIO is warranted. Leave if denied access, record information and determine if AIO is warranted.

3 This is to certify that the bearer of this card whose photograph appears on the reverse has been authorized by resolution of the MPCA to conduct investigations and inspection and to carry our power and authorities of the MPCA specified in MN Stat , and 115B.17.

4 Subd. 3. Access to premises. Whenever it shall be necessary for the purposes of this chapter, chapter 114C, and, with respect to pollution of waters of the state, chapter 116, the agency or any member, employee, or agent thereof, when authorized by it, upon presentation of credentials, may enter upon any property, public or private, for the purpose of obtaining information or examination of records or conducting surveys or investigations.

5 General Site Access ID Card – site access language on back* ID Card – site access language on back* MPCA policy is to ask permission even though statute allows MPCA staff access to property without permission of the landowner. MPCA policy is to ask permission even though statute allows MPCA staff access to property without permission of the landowner. Depending on the situation, don’t take no for an answer, try to gain access without the need for an AIO. Inform Regulated Party of right to access and AIO. Depending on the situation, don’t take no for an answer, try to gain access without the need for an AIO. Inform Regulated Party of right to access and AIO. Leave if denied access, record information and determine if AIO is warranted. Leave if denied access, record information and determine if AIO is warranted.

6 Access Denied Identify all pertinent facts related to the denial. Identify all pertinent facts related to the denial. Why, where, when. Why, where, when. Name of person who denied access. Name of person who denied access. Reason for the inspection, media and programs included, etc. Reason for the inspection, media and programs included, etc. All of this will be used for obtaining AIO. All of this will be used for obtaining AIO.

7 Administrative Inspection Order (AIO) Meet with Supervisor, AG, Compliance Coordinator. Meet with Supervisor, AG, Compliance Coordinator. Memo to AG’s Office with Sup or Manager signature. Memo to AG’s Office with Sup or Manager signature. AG prepares documents (motion papers, affidavit from inspector), asks court to issue an Administrative Inspection Order. AG prepares documents (motion papers, affidavit from inspector), asks court to issue an Administrative Inspection Order. Court issues AIO. Court issues AIO. Determine if Law Enforcement escort needed (435) to serve the AIO. Determine if Law Enforcement escort needed (435) to serve the AIO. If yes, meet with DNR/Sheriff/City Police to coordinate date of inspection and procedures. If yes, meet with DNR/Sheriff/City Police to coordinate date of inspection and procedures. Law Enforcement escorts MPCA onto site, serves the AIO and secures the site. MPCA conducts inspection. Law Enforcement escorts MPCA onto site, serves the AIO and secures the site. MPCA conducts inspection.

8 Role of DNR CO, Local Law Enforcement or EPA DNR Conservation Officer - Depends on the particular CO. DNR Conservation Officer - Depends on the particular CO. County Sheriff or City Police - Depends on the particular law enforcement office. County Sheriff or City Police - Depends on the particular law enforcement office. EPA – Special Agent Matt Lundeen ( ) EPA – Special Agent Matt Lundeen ( )

9 Emergency Removal Actions Using Emergency Response or Other MPCA Funds Not common for feedlots. Not common for feedlots. Very hard to secure emergency removal funding but other funding is available. Very hard to secure emergency removal funding but other funding is available. Must be considered an imminent threat to human health or the environment. Must be considered an imminent threat to human health or the environment. Must have approval of Steve Lee, Supervisor, upper Management. Must have approval of Steve Lee, Supervisor, upper Management. Must perform cost recovery of state funds expended. Must perform cost recovery of state funds expended. Consult with your supervisor and compliance coordinator. Consult with your supervisor and compliance coordinator.


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