C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER I—SOLID WASTES › PART 265—INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart B—General Facility Standards

40 C.F.R. § 265.15

General inspection requirements

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(a) The owner or operator must inspect his facility for malfunctions and deterioration, operator errors, and discharges which may be causing—or may lead to: (1) Release of hazardous waste constituents to the environment or (2) a threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.

(b)(1) The owner or operator must develop and follow a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.

(2) He must keep this schedule at the facility.

(3) The schedule must identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).

(4) The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use. At a minimum, the inspection schedule must include the items and frequencies called for in §§ 265.174, 265.193, 265.195, 265.226, 265.260, 265.278, 265.304, 265.347, 265.377, 265.403, 265.1033, 265.1052, 265.1053, 265.1058, and 265.1084 through 265.1090, where applicable.

(c) The owner or operator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.

(d) The owner or operator must record inspections in an inspection log or summary. He must keep these records for at least three years from the date of inspection. At a minimum, these records must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 57 FR 3491, Jan. 29, 1992; 59 FR 62935, Dec. 6, 1994; 62 FR 64661, Dec. 8, 1997; 71 FR 16908, Apr. 4, 2006; 81 FR 85827, Nov. 28, 2016]
Notes of Decisions
Cited in 9 cases, 1986–2007 · leading case: United States (EPA) v. Env't Waste Control, Inc., 710 F. Supp. 1172 (N.D. Ind. 1989).
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United States (EPA) v. Env't Waste Control, Inc., 710 F. Supp. 1172 (N.D. Ind. 1989). · cites it 2× “52 STOP also contends that the defendants implicitly have violated 40 C.F.R. § 265.15 (a) and (c). 53 STOP’S fifth claim also alleges a release into the air through a fire.”
C. D. Spangler Constr. Co. v. Indus. Crankshaft & Eng'g Co., 388 S.E.2d 557 (N.C. 1990). “, to develop and execute a remedial plan to clean up the waste material pursuant to 40 C.F.R. § 265.15 (c) (adopted by reference at N.”
Chem. Waste Mgmt., Inc. v. Armstrong World Indus., Inc., 669 F. Supp. 1285 (E.D. Pa. 1987). “See 40 C.F. R. §§ 265.15(c), 265.31, 265.111 (1980).”
State v. Elementis Chem., Inc., 887 A.2d 1133 (N.H. 2005). “02(a)(1), which references 40 CFR 265.15 — General Inspection Requirements.”
McClellan Ecological Seepage Situation v. Weinberger, 707 F. Supp. 1182 (E.D. Cal. 1988). “MESS first asserts that McClellan has violated 40 C.F.R. § 265.15 . Complaint ¶ 48. Section 265.”
United States v. Conservation Chem. Co. of Illinois, 733 F. Supp. 1215 (N.D. Ind. 1989). · cites it 2× “1 — 41—6(d) ] (40 CFR 265.15(d)), the owner or operator shall record inspections in an inspection log.”
United States v. Indiana Woodtreating Corp., 686 F. Supp. 218 (S.D. Ind. 1988). “40 C.F.R. § 265.15 (a). f. The owner or operator must implement a program of classroom instruction or on-the-job training to teach its employees to perform their duties in a way that ensures the facility’s compliance with the requirements of Part 265.”
Chem. Waste Mgmt., Inc. v. United States Env't Prot. Agency, 649 F. Supp. 347 (D.D.C. 1986). · cites it 2× “The first, 40 C.F.R. § 265.15 (a), requires regularly scheduled inspection, record-keeping, and, if necessary, remedial action by the waste facility owner or operator.”
State v. Elementis Chem., Inc., 922 A.2d 678 (N.H. 2007). “[Elementis] may reuse materials at its business upon approval by DES.”
— 40 C.F.R. § 265.15(c) — 1 case
Chem. Waste Mgmt., Inc. v. Armstrong World Indus., Inc., 669 F. Supp. 1285 (E.D. Pa. 1987). “See 40 C.F. R. §§ 265.15(c), 265.31, 265.111 (1980).”
— 40 C.F.R. § 265.15(d) — 1 case
United States v. Conservation Chem. Co. of Illinois, 733 F. Supp. 1215 (N.D. Ind. 1989). “1 — 41—6(d) ] (40 CFR 265.15(d)), the owner or operator shall record inspections in an inspection log.”
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