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

Affected: IC 13-15; IC 13-19

Sec. 8. (a) The commissioner shall revoke membership in ESP or CLEAN if the entity has not substantially complied with any of the following:

1. (1) The standards of environmental compliance described in section 10 of this rule.
2. (2) The requirement to make sufficient progress toward attaining the environmental initiatives identified and agreed upon at the time of application and submittal of the annual summaries.
3. (3) The requirement to maintain an approved EMS as required for membership in ESP.

4. (4) The prohibition against knowingly submitting false information:

   1. (A) on the application;
   2. (B) in the annual summary;
   3. (C) during a site visit or evaluation by the department; or
   4. (D) during an independent audit.

(b) The commissioner may revoke the membership in ESP or CLEAN if the entity has not substantially complied with any of the following:

1. (1) The ESP or CLEAN program requirements in this article, as applicable.
2. (2) Federal, state, or local environmental laws, rules, and regulations.

(c) A determination by the commissioner to revoke a membership under subsection (b) may be based upon the following:

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

(d) If the commissioner determines that a situation shall or may warrant revocation of membership based on subsection (a) or (b), the following applies:

1. (1) The commissioner shall notify the entity in writing:

   1. (A) of any potential deficiencies found; and
   2. (B) that the commissioner is considering removing the entity from the program.

2. (2) The notice shall:

   1. (A) state that the commissioner may consider removing the entity from the program after the response time period provided to the member;
   2. (B) identify the potential deficiencies; and
   3. (C) provide the entity with thirty (30) days to respond.
3. (3) Within thirty (30) days after the end of the time period provided to the member, the commissioner shall consider the response and determine if the situation warrants revocation of membership.

(e) An entity whose membership has been revoked may reapply under section 4 of this rule at any time twelve (12) months after the revocation.

(f) Revocation of memberships shall be posted on the department Web site for the duration of the current application period.

(g) Immediately upon revocation of membership, all member incentives and regulatory benefits afforded to the member of ESP or CLEAN shall be revoked, and the entity is subject to current and applicable regulatory requirements.

(Solid Waste Management Division; 329 IAC 18-1-8; 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)