Section 327IAC18-1-10. Standards of environmental compliance

   (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.

(Water Pollution Control Division; 327 IAC 18-1-10; filed Jun 18, 2007, 11:42 a.m.: 20070718-IR-327050233FRA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; filed Feb 2, 2016, 1:22 p.m.: 20160302-IR-327140238FRA)