§22-25-9. Incentives
The secretary shall propose rules for legislative approval, pursuant to the provisions of chapter twenty-nine-a of this code, establishing incentives to be granted to any participant that complies with all of the mandatory program elements and the prescribed number of elective program elements, as determined by the secretary. Participants may seek some or all of […]
§22-25-10. Environmental Performance Agreements; Contents, and Specifications
(a) The environmental performance agreement shall clearly establish the environmental goals of the participant; public involvement requirements; incentives; reporting requirements; and all other terms to ensure that the proposal is properly implemented and enforceable. (b) In entering into environmental performance agreements, the secretary shall require stricter monitoring, or take other appropriate steps to ensure accountability, […]
§22-25-11. Recovery of Costs to Department in Developing, Negotiating and Publicizing Environmental Performance Agreement; Deposition of Moneys Collected; Creation of Environmental Excellence Program Administrative Fund
To recover the costs to the department in developing, negotiating and publicizing an environmental performance agreement, the secretary may establish by legislative rule reasonable application, renewal, and administration fees. An "Environmental Excellence Program Administrative Fund" is hereby created in the State Treasury. The funds shall be dedicated and appropriated to the department to administer the […]
§22-25-12. Public Participation
To promote a participatory process that will conform to the legislative rules adopted pursuant to section four of this article, to the extent that resources are available in the environmental excellence program administration fund and appropriated by the Legislature, the secretary is authorized to provide logistical and technical support to assure balanced and timely participation […]
§22-25-6. Application Review and Authority to Enter Into Environmental Performance Agreement
(a) The secretary shall review all completed applications within a reasonable period of time. If the secretary determines that the application meets the requirements for the program, the secretary shall notify the applicant in writing, and the application shall be incorporated into a written agreement. If the secretary determines the application does not meet the […]
§22-25-7. Judicial Review of Department Decision on Acceptance of Application to Participate in the Environmental Excellence Program
The decision of the department to refuse to accept an application for participation in the environmental excellence program is not subject to judicial review. The decision of the department to enter into an environmental performance agreement may be appealed to the environmental quality board by any person aggrieved or adversely affected by the action being […]
§22-25-8. Withdrawal, Enforcement and Termination From the Program
(a) Any participant may elect to withdraw from participation in the program at any time upon written notice to the secretary. (b) The secretary shall terminate the participation of any participant in the program if a serious violation is discovered or occurs and the violation is not properly disclosed in accordance with the law or […]
§22-25-1. Legislative Findings
The Legislature finds that: (1) Regulated and nonregulated entities that demonstrate a commitment to the environment by going beyond compliance with environmental laws and rules positively impact the quality of life for all citizens of the state by improving the economy and the environment by increasing consumer and public confidence, boosting management and employee morale, […]
§22-25-2. Purpose
The purpose of this article is to authorize the Department of Environmental Protection to establish and administer an environmental excellence program to promote, reward, and encourage superior environmental performance in this state. The environmental excellence program will establish a system to encourage voluntary environmental performance that will exceed existing regulatory standards for health and the […]
§22-25-3. Definitions
As used in this article, unless the context otherwise requires: (a) "Cross-media transfer" means a pollutant transfer from one environmental media to another, such as air to water. (b) "Department" means the Department of Environmental Protection. (c) "Environmental goals" means the environmental performance objectives proposed by a qualified applicant that demonstrates superior environmental performance and […]