Current through Register Vol. XLI, No. 50, December 13, 2024
Section 60-8-5 - Environmental Performance RecordEnvironmental excellence program applicants and environmental excellence program members must meet the following environmental performance record requirements that may include, but will not be limited to, the following:
5.1. All persons, who operate a facility in West Virginia, are eligible to seek entry into the environmental excellence program and/or retain environmental excellence program designation, and are required to demonstrate compliance with all environmental laws by having documentation of a proven environmental performance record. A facility has a proven record of compliance with environmental laws if none of the following criminal, civil, or administrative actions apply to the facility or its employees:5.1.a. Criminal actions. 5.1.a.1. Corporate criminal conviction or plea for felony violations of environmental laws involving the corporation and/or corporate officer within the past five (5) years preceding the filing of the initial environmental excellence program application;5.1.a.2. Corporate criminal conviction or plea for misdemeanor violations of environmental laws involving the corporation and/or corporate officer within the past three (3) years preceding the filing of the initial environmental excellence program application;5.1.a.3. Criminal conviction or plea of employee at the same facility for violations of environmental laws within the past five (5) years preceding the filing of the initial environmental excellence program application;5.1.a.4. Ongoing criminal investigation and/or prosecution of corporation, corporate officer, and/or employee at the same facility for violations of environmental laws; and,5.1.a.5. Responsibility of a corporation, corporate officer, and/or employee, as determined by a court of appropriate jurisdiction, for an illegal action that caused substantial endangerment to the public health, safety, and/or welfare and/or to the environment.5.1.b. Civil actions. 5.1.b.1. Assessment by an environmental appeals board or court of appropriate jurisdiction of any civil fine, penalty, and/or supplemental environmental project (SEP) where the total amounts exceeds $10,000.00 for violations of any environmental law within a three-year period before filing the initial environmental excellence program application; and,5.1.b.2. Responsibility of a corporation, corporate officer, and/or employee, as determined by a court of appropriate jurisdiction, for an illegal action that caused substantial endangerment to the public health, safety, and/or welfare and/or to the environment.5.1.c. Administrative actions.5.1.c.1. Administrative settlement, entered into with the department within a three-year period before filing the initial environmental excellence program application, where the total amount of the administrative assessments, fines, penalties, and/or SEPs exceeds $25,000.00; and,5.1.c.2. Planned, but not yet filed, administrative action at the facility.5.2. In the case of a change of ownership, the secretary will consider the environmental performance record of the new owner or operators in determining whether the environmental excellence program applicant and/or current member meet the requirements of this rule.5.3. In the case of a new facility, the secretary will consider the environmental performance record of other facilities owned and/or operated by the same entity, and in such a case, an entity's overall environmental performance record will be considered in determining the facility's ability to achieve superior environmental performance.