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.

Feedlot InspectionFeedlot InspectionSite AccessSite Access

Wq-f5-03

General Site AccessGeneral Site Access• ID Card – site access language on back* ID Card – site access language on back* • MPCA policy is to ask permission even though MPCA policy is to ask permission even though

statute allows MPCA staff access to property statute allows MPCA staff access to property without permission of the landowner.without permission of the landowner.

• Depending on the situation, don’t take no for Depending on the situation, don’t take no for an answer, try to gain access without the an answer, try to gain access without the need for an AIO. Inform Regulated Party of need for an AIO. Inform Regulated Party of right to access and Administrative Inspection right to access and Administrative Inspection Order (AIO)Order (AIO)

• Leave if denied access, record information Leave if denied access, record information and determine if AIO is warranted.and determine if AIO is warranted.

This is to certify that the bearer of this This is to certify that the bearer of this card whose photograph appears on card whose photograph appears on the reverse has been authorized by the reverse has been authorized by resolution of the MPCA to conduct resolution of the MPCA to conduct investigations and inspection and to investigations and inspection and to carry our power and authorities of carry our power and authorities of the MPCA specified in MN Stat. the MPCA specified in MN Stat. 115.04, 116.091 and 115B.17.115.04, 116.091 and 115B.17.

115.04. Subd. 3. 115.04. Subd. 3. Access to premises.Access to premises. Whenever it shall be necessary for Whenever it shall be necessary for the purposes of this chapter, chapter the purposes of this chapter, chapter 114C, and, with respect to pollution 114C, and, with respect to pollution of waters of the state, chapter 116, of waters of the state, chapter 116, the agency or any member, the agency or any member, employee, or agent thereof, when employee, or agent thereof, when authorized by it, upon presentation of authorized by it, upon presentation of credentials, may enter upon any credentials, may enter upon any property, public or private, for the property, public or private, for the purpose of obtaining information or purpose of obtaining information or examination of records or conducting examination of records or conducting surveys or investigations. surveys or investigations.

General Site AccessGeneral Site Access• ID Card – site access language on back* ID Card – site access language on back* • MPCA policy is to ask permission even MPCA policy is to ask permission even

though statute allows MPCA staff access to though statute allows MPCA staff access to property without permission of the property without permission of the landowner.landowner.

• Depending on the situation, don’t take no Depending on the situation, don’t take no for an answer, try to gain access without for an answer, try to gain access without the need for an AIO. Inform Regulated the need for an AIO. Inform Regulated Party of right to access and AIO.Party of right to access and AIO.

• Leave if denied access, record information Leave if denied access, record information and determine if AIO is warranted.and determine if AIO is warranted.

Access DeniedAccess Denied

• Identify all pertinent facts related to Identify all pertinent facts related to the denial.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 Reason for the inspection, media and programs included, etc. programs included, etc.

• All of this will be used for obtaining All of this will be used for obtaining AIO. AIO.

Administrative Inspection Administrative Inspection Order (AIO)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 AG prepares documents (motion papers, affidavit

from inspector), asks court to issue an from inspector), asks court to issue an Administrative Inspection Order.Administrative Inspection Order.

• Court issues AIO.Court issues AIO.• Determine if Law Enforcement escort needed (435) Determine if Law Enforcement escort needed (435)

to serve the AIO.to serve the AIO.• If yes, meet with DNR/Sheriff/City Police to If yes, meet with DNR/Sheriff/City Police to

coordinate date of inspection and procedures.coordinate date of inspection and procedures.• Law Enforcement escorts MPCA onto site, serves the Law Enforcement escorts MPCA onto site, serves the

AIO and secures the site. MPCA conducts inspection.AIO and secures the site. MPCA conducts inspection.

Role of DNR CO, Local Law Role of DNR CO, Local Law Enforcement or EPA Enforcement or EPA

• DNR Conservation Officer - Depends on the DNR Conservation Officer - Depends on the particular CO.particular CO.

• County Sheriff or City Police - Depends on the County Sheriff or City Police - Depends on the particular law enforcement office.particular law enforcement office.

• EPA – Special Agent Matt Lundeen (612-664-EPA – Special Agent Matt Lundeen (612-664-5165)5165)

Emergency Removal Actions Emergency Removal Actions Using Emergency Response or Using Emergency Response or Other MPCA Funds Other MPCA Funds • Not common for feedlots.Not common for feedlots.

• Very hard to secure emergency removal funding but Very hard to secure emergency removal funding but other funding is available.other funding is available.

• Must be considered an Must be considered an imminent threat to human imminent threat to human health or the environmenthealth or the environment..

• Must have approval of Steve Lee, Supervisor, upper Must have approval of Steve Lee, Supervisor, upper Management. Management.

• Must perform cost recovery of state funds Must perform cost recovery of state funds expended.expended.

• Consult with your supervisor and compliance Consult with your supervisor and compliance coordinator.coordinator.