Current through September 18, 2024
Authority: IC 13-14-8; IC
13-19-3-1;
IC
13-27-8-3
Affected: IC 13-15; IC 13-19
Sec. 10.
(a) To be
accepted into ESP or CLEAN, a member of senior management of the entity shall
submit a certification with the application to the department certifying that,
based on information and belief after reasonable inquiry, the entity is
currently in compliance with all applicable local, state, and federal
environmental laws, rules, and regulations.
(b) The department shall:
(1) review the administrative, civil, and
criminal environmental compliance and enforcement history of the entity in
order to determine if the entity satisfies the required standard of substantial
environmental compliance;
(2)
consider all applicable environmental compliance and enforcement criteria,
including the criteria in subsections (c) and (d) in determining whether or not
an entity has achieved substantial environmental compliance; and
(3) post the organizational name and location
for all new and renewal applications on the department Web site within
twenty-one (21) days of the receipt of each application.
(c) The following criteria shall prevent
acceptance of an entity into the ESP or CLEAN:
(1) Corporate criminal conviction or guilty
plea for environmentally-related violations of criminal laws involving the
entity or an officer of the entity within the past five (5) years.
(2) Criminal conviction or plea of employee
at the entity for environmentally-related violations of criminal laws within
the past five (5) years.
(d) The existence of one (1) or more of the
following criteria may prevent acceptance of an entity into ESP or CLEAN:
(1) Ongoing criminal investigation or
prosecution of the entity, or an officer or employee of the entity, for a
violation of environmental law.
(2)
Three (3) or more significant violations at the entity in the past three (3)
years.
(3) Unresolved or
unaddressed significant noncompliance or significant violations.
(4) Planned, but not yet filed, judicial or
administrative action, by U.S. EPA or the department, against the
entity.
(5) Ongoing U.S. EPA or
department-initiated litigation against the entity.
(6) A situation where an entity is not in
compliance with the schedule and terms of an order or decree issued by:
(A) U.S. EPA; or
(B) the department.
(7) A history of significant environmental
problems or a pattern of noncompliance at the entity or at other affiliated
entities under the same ownership or control.
