What to do if your operation is inspected

What to Do If Your Operation Is Inspected - A Practical Guide to Environmental Compliance

What To Do If Your Operation Is Inspected: A Practical Guide to Environmental Compliance

At AGPROfessionals, one of the many services we offer is helping livestock producers navigate the evolving landscape of environmental compliance. With over 25 years of experience in Confined Animal Feeding Operations (CAFO) and regulatory support, our team offers a proactive and cooperative strategy that protects your operation and fosters positive relationships with regulators.

Why Inspections Happen

Inspections typically evaluate compliance with specific environmental regulations, such as:

  • Nutrient Management Plans (NMP)
  • Wastewater discharge permits
  • Manure storage and application protocols
  • ·Air and water quality standards

Inspections may also include on-site tours, document reviews, staff interviews, and sampling. While not all inspections lead to violations or penalties, how you handle the process makes a difference.

Be Proactive: Prepare Ahead of Time

When government regulators show up for an inspection, livestock operators must be ready, not just compliant, but confident. Whether inspections are routine or spurred by complaints or regulatory audits, how you prepare and respond can significantly impact your operation’s outcome and reputation. We always recommend taking steps to make sure your team can handle an inspection well – before they happen. Listed below are some key steps:

1. Assemble Your Inspection Team

Designate an inspection response team before an inspection ever occurs. Ideally, this includes:

  • A senior facility manager or owner
  • An environmental compliance officer or third-party consultant
  • A note-taker to document all discussions and observations
  • This team should meet inspectors immediately upon arrival and guide the entire process professionally and calmly

2. Prepare and Control Access to Records

Organize all required documentation in advance, including:

  • Permit records
  • Manure application logs
  • Water sampling results
  • Nutrient management plans

3. Define a Tour Route and Location for Interviews and Record Review

Identify a tour route for the inspector to take that presents your operation in the most favorable light.

Walk the inspection route in advance to:

  • Correct visible issues.
  • Avoid unnecessary exposure to sensitive or off-topic areas.
  • Highlight best management practices on display at your facility.
  • Focus on clean, orderly, and biosecure areas that demonstrate your commitment to environmental protection.
  • Determine how and where interviews and any inspections of files and records will take place. Information should be brought to the inspector in an office or conference room.

4. Develop “Inspection in Progress” Protocols

Have a discreet means of notifying individuals with a need to know that an inspection is in progress. This includes managers and foremen and may consist of professional consultants or legal counsel.

During The Inspection

1. Communicate Biosecurity and Safety Protocols

Before starting, brief the inspectors on your site’s safety and biosecurity procedures. These measures reflect professionalism and industry-standard best practices.

This includes:

  • Visitor sign-in
  • Vehicle disinfection
  • PPE requirements
  • Avoidance of cross-contamination between CAFOs or dairies

2. Clarify the Inspection Scope

Politely ask what regulations or permits are being reviewed. Understanding the scope of the inspection early allows you to respond appropriately. It also limits the inspection to relevant areas.

3. Comply with Specific Requests

  • Only provide what is specifically requested. Never give blanket access to your files.
  • Deliver documents one at a time in the pre-determined, designated space

4. Be Transparent and Smart

  • Maintain a cooperative tone.
  • Be courteous, professional, and factual.
  • Clarify questions before answering and take duplicate samples if the inspector collects any.
  • If you don’t know the answer to a question, say so, and commit to following up with the correct information.
  • Mention the facility’s commitment to environmental compliance. Ask, in a non-threatening way, whether the inspector is familiar with the operations at this type of facility.
  • If a correctable issue is identified, fix it on the spot if feasible and request a re-inspection before the visit concludes.

5. Document the Inspection Thoroughly

Documentation of the inspection helps you validate compliance. Your team should accompany the inspector and record:

  • What was said
  • What was observed
  • What samples were taken, make sure to take duplicate samples for your own testing and records and be sure to ask what the samples will be
  • What actions were recommended or requested

6. Request the Inspection Report

  • At the close of the inspection, ask for the inspector’s impression of any noncompliance and tactfully correct any misconceptions. If the inspector identifies a noncompliance, ask if the inspector expects any enforcement action.
  • Ask when the report will be available and request a copy of all findings and lab results.

After the Inspection: Follow Up and Stay Ahead

After the inspection, and once you receive the inspection report, review it for accuracy and immediately flag any discrepancies.

1. Provide Missing Information Promptly

If the inspector asked for unavailable information during the visit, provide it promptly in writing along with actions taken to resolve any issues noted:

  • Describe actions taken or underway to correct any noncompliance observed at the time of the inspection.

2. Respond Strategically to a Notice of Violation (NOV)

If you receive a NOV, take it seriously. Regulatory agencies escalate enforcement for repeat violations. Engage professional legal or environmental consultants to:

  • Review the findings
  • Draft a corrective action plan
  • Represent your interests during follow-ups

3. Build Long-Term Relationships with Regulators

You can never go wrong establishing a history of transparency and cooperation. Building a good relationship with regulators can be invaluable in the long term. Regular engagement with regulators through site visits, updates, or technical meetings can build goodwill and potentially reduce the intensity of future inspections. However, bringing legal counsel into routine meetings may be seen as adversarial unless enforcement is involved.

AGPROfessionals: Your Partner in Confined Animal Feeding Operation Compliance

AGPROfessionals offers regulatory support, permit compliance, engineering, and environmental consulting. Whether you need pre-inspection planning or post-inspection representation, our team is here to help you stay compliant and confident.