Current through Register Vol. XLI, No. 50, December 13, 2024
Section 60-8-13 - Environmental Performance Agreement13.1. Upon the secretary's determination that the applicant is eligible to participate in the environmental excellence program, the department will begin negotiations concerning an environmental performance agreement with the environmental excellence program applicant and any person or persons to whom the department granted permission as specified under subsection 12.6.13.2. The environmental performance agreement will include information pertaining to environmental performance record, environmental management system, environmental performance goals, public participation, incentives, annual performance report, annual facility visitations, and application fees and triennial renewal fees as specified under section 18.13.3. The department will conclude negotiations within 12 months of beginning negotiations unless the applicant and the department agree to an extension.13.4. If negotiations as specified under subsection 13.1 result in a draft environmental performance agreement, the department will provide public notice about the draft environmental performance agreement in the geographic area in which the subject facility or activity, product, and service is located or performed. The draft environmental performance agreement must be made available at a local public library or other public building for not less than 30 days. The public notice must allow for comments to be made to the department.13.5. After providing public notice of a draft environmental performance agreement, the department will hold a public meeting in the geographic area in which the subject facility or activity, product, and service is located or performed to further discuss the draft environmental performance agreement. The department will consider all public comments received during the public comment period under subsection 13.4 and at the public meeting before finalizing the environmental performance agreement.13.6. The term of the environmental performance agreement will be three years.