Section 329IAC18-1-2. Definitions  


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  •    In addition to the definitions in IC 13-11-2, the following definitions apply throughout this rule and 329 IAC 18-2:

    (1) "Commissioner", as defined in IC 13-11-2-35(a), means the commissioner of the department of environmental management.

    (2) "Comprehensive Local Environmental Action Network Community Challenge Program" or "CLEAN" means the voluntary state program for units of local government in Indiana that:

    (A) demonstrate environmental stewardship; and

    (B) strive for continual environmental improvement.

    (3) "Department", as defined in IC 13-11-2-51, means the Indiana department of environmental management.

    (4) "Entity" means a company, corporation, firm, enterprise, authority, institution, partnership, sole proprietorship, limited liability company, any person as defined in IC 13-11-2-158(a), or unit of local government, or part or combination thereof, whether incorporated or not, public or private, that has its own functions and administration. Except as described in section 4(c) of this rule, an entity has one (1) geographic location under:

    (A) at least one (1) EMS for ESP members; and

    (B) the direction of senior management.

    (5) "Environmental aspect" means an element of the activities, products, or services of an entity that has the potential to interact with the environment.

    (6) "Environmental impact" means any change to the environment, whether adverse or beneficial, wholly or partially resulting from the environmental aspects of an entity.

    (7) "Environmental laws, rules, and regulations", for the purpose of this article, means the system of laws and standards administered by U.S. EPA, the department, or related local government bodies.

    (8) "Environmental management system" or "EMS" means a continuous cycle of planning, implementing, reviewing, and improving a set of documented processes and practices used to develop and implement the environmental policy and manage the environmental aspects of an entity to:

    (A) maintain compliance;

    (B) reduce adverse environmental impacts; and

    (C) increase operational efficiency.

    (9) "Environmental objective" means an environmental goal that is consistent with the environmental policy of an entity.

    (10) "Environmental policy" means the overall commitment and direction of an entity related to environmental performance as formally expressed by senior management.

    (11) "Environmental Stewardship Program" or "ESP" means the voluntary state program for entities in Indiana that:

    (A) demonstrate environmental stewardship; and

    (B) strive for continual environmental improvement.

    (12) "Environmental target" means a detailed performance requirement that:

    (A) is quantified where practical; and

    (B) arises from the environmental objectives.

    (13) "Geographic location", for the purposes of this article, means an aggregation of one (1) or more operations that are:

    (A) located on:

    (i) one (1) piece of property; or

    (ii) contiguous or adjacent properties; and

    (B) owned, operated, or controlled by the same entity.

    (14) "Independent audit" means an audit conducted by a party that:

    (A) is not directly employed by the entity being audited; and

    (B) has not played a substantive role in implementing the EMS being audited.

    (15) "Senior management" means the following:

    (A) For entities, the individual or individuals with executive responsibility for the entity.

    (B) For a partnership or sole proprietorship, a general partner or the proprietor, respectively.

    (C) For a unit of local government or other governmental unit, either a principal executive officer or ranking elected official.

    (16) "U.S. EPA" means the administrator of the United States Environmental Protection Agency or the administrator's designee.

    (Solid Waste Management Division; 329 IAC 18-1-2; filed May 16, 2007, 3:14 p.m.: 20070613-IR-329050234FRA; readopted filed Jul 29, 2013, 9:20 a.m.: 20130828-IR-329130179BFA; filed Feb 2, 2016, 1:21 p.m.: 20160302-IR-329140069FRA)