Authority: IC 13-14-8; IC 13-19-3-1; IC 13-27-8-3

Affected: IC 13-15; IC 13-19

Sec. 4. (a) A member of senior management shall submit an application, preferably electronically, for either ESP or CLEAN, to the department on one (1) of the following:

1. (1) A form, whether electronically or hard copy, provided by the department.
2. (2) An equivalent form.

(b) The application shall be signed by a member of senior management. The signature shall:

1. (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. (2) subject the member of senior management to liability under state laws forbidding false or misleading statements.

(c) A 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. (1) Each location must meet the eligibility criteria individually and as a group, including the requirement to identify environmental improvement initiatives.

2. (2) The environmental improvement initiatives may be similar or the same for all of the locations, but each location must:

   1. (A) play an active role in each initiative; and
   2. (B) demonstrate continuous environmental improvement.
3. (3) The EMS for an ESP applicant must address staff and activities at each location.
4. (4) Senior management must be common to all locations.
5. (5) The standards of environmental compliance in section 10 of this rule shall apply to all Indiana locations under the control of the entity.

(d) The commissioner shall make a determination on acceptance into ESP or CLEAN based on the following:

1. (1) The EMS for an ESP applicant must meet the standards in section 11 of this rule.

2. (2) A site visit by a representative of the department to provide an understanding of:

   1. (A) the environmental aspects of the entity; and
   2. (B) for an ESP applicant, the EMS.

3. (3) Identification of environmental improvement initiatives and associated objectives and targets as follows:

   1. (A) For ESP applicants, at least one (1) environmental improvement initiative and associated objectives and targets for the first year of membership.
   2. (B) For CLEAN applicants, at least four (4) environmental improvement initiatives and associated objectives and targets for the four (4) year term of membership.

4. (4) Compliance audits conducted by:

   1. (A) the department;
   2. (B) the U.S. EPA;
   3. (C) other state offices; and
   4. (D) other federal agencies;
5. as appropriate.

6. (5) Other information, including the following:

   1. (A) Compliance information obtained from department staff.
   2. (B) Verifiable, applicable information received from sources determined to be relevant by the commissioner.

(Solid Waste Management Division; 329 IAC 18-1-4; 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; readopted filed Jun 8, 2022, 11:40 a.m.: 20220706-IR-329220122BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)