Affected: IC 13-15; IC 13-17
of senior management shall submit an application, preferably electronically,
for either ESP or CLEAN, to the department on one (1) of the following:
(1) A form, whether electronically or hard
copy, provided by the department.
(2) An equivalent form.
The application shall be signed by a
member of senior management. The signature shall:
(1) constitute affirmation that the
statements in the application are true and complete, as known at the time of
completion of the application; and
(2) subject the member of senior management
to liability under state laws forbidding false or misleading
membership for an entity shall be limited to cover one (1) geographic location,
except that an entity may apply for membership as a group of locations if the
following criteria are met:
(1) Each location
must meet the eligibility criteria individually and as a group, including the
requirement to identify environmental improvement initiatives.
The environmental improvement initiatives
may be similar or the same for all of the locations, but each location must:
(A) play an active role in each initiative;
(B) demonstrate continuous
(3) The EMS for an ESP applicant must address
staff and activities at each location.
(4) Senior management must be common to all
(5) The standards of
environmental compliance in section 10 of this rule shall apply to all Indiana
locations under the control of the entity.
The commissioner shall make a
determination on acceptance into ESP or CLEAN based on the following:
(1) The EMS for an ESP applicant must meet
the standards in section 11 of this rule.
A site visit by a representative of the
department to provide an understanding of:
(A) the environmental aspects of the entity;
(B) for an ESP applicant, the
of environmental improvement initiatives and associated objectives and targets
(A) For ESP applicants, at least
one (1) environmental improvement initiative and associated objectives and
targets for the first year of membership.
(B) For CLEAN applicants, at least four (4)
environmental improvement initiatives and associated objectives and targets for
the four (4) year term of membership.
Compliance audits conducted by:
(A) the department;
(B) the U.S. EPA;
(C) other state offices; and
(D) other federal agencies; as
information, including the following:
Compliance information obtained from department staff.
(B) Verifiable, applicable information
received from sources determined to be relevant by the