Current through Register Vol. XLI, No. 50, December 13, 2024
Section 60-8-16 - Procedures for Retention, Renewal, or Termination of Environmental Excellence Program Designation16.1. Retention of environmental excellence program designation requires that an environmental excellence program member, at least 30 days before the anniversary date of the current environmental excellence program designation, submit a renewal request, supporting information, and a certification that the environmental excellence program member meets the requirements as specified under sections 4, 5, 6, 7, 8, 9, 14, and 15.16.2. The supporting information as specified under section 14 includes an annual performance report that specifically describes the status of the activities, products, and services and details the actions undertaken to maintain and implement the environmental management system as specified under section 6.16.3. A renewal request must include a statement by the responsible official that demonstrates that the environmental excellence program member is in compliance with and conforms to all applicable environmental requirements and has no outstanding unresolved violations, or is in compliance with and conforms to a binding schedule to correct and prevent any outstanding violations.16.4. The secretary will terminate the environmental excellence program designation if, after the effective date of the current environmental excellence program designation, the secretary determines that the environmental excellence program member: 16.4.a. Failed to meet the requirements of the environmental performance record as specified under section 5 or: 16.4.a.1. Failed to promptly and adequately correct and prevent a violation of environmental requirements as specified under section 5.16.4.b. Failed to meet the requirements of the environmental management system as specified under section 6;16.4.c. Failed to meet the requirements of the environmental performance goals as specified under section 7;16.4.d. Failed to meet the requirements of public participation as specified under section 8;16.4.e. Failed to meet the requirements of the incentives as specified under section 9;16.4.f. Significantly or repeatedly abused its designation as an environmental excellence program member, by claiming or implying environmental excellence program designation for facilities and/or persons other than those identified in the application as specified under section 10;16.4.g. Failed to meet the requirements of the environmental performance agreement as specified under section 13;16.4.h. Failed to meet the requirements of the annual performance report as specified under section 14; and,16.4.i. Failed to meet the requirements of annual facility visitations as specified under section 15.16.5. The secretary will advise a facility of his or her intent to terminate the environmental excellence program designation not less than 30-days before terminating the environmental excellence program membership.16.6. There is no appeal of the secretary's environmental excellence program membership termination decision.16.7. A person operating a facility in West Virginia, that was a former environmental excellence program member, may reapply for environmental excellence program designation at any time as long as the environmental excellence program applicant meets the requirements of this rule.