49-192.01. Voluntary environmental stewardship program; minimum qualifications

A. The director shall develop, implement and administer a voluntary environmental stewardship program.  The voluntary environmental stewardship program shall provide recognition for those organizations with a history of preventing environmental law violations and incentives for organizations going above and beyond environmental law requirements.  The program shall include tiers commensurate and appropriate to the environmental impacts of an organization's facilities, activities, products or services, and be based on an organization’s level of commitment to the program.

B. The director may adopt rules to implement this article.

C. Participation in the voluntary environmental stewardship program by any organization is voluntary. The department shall approve an organization's membership in the program and shall review the organization's membership at least once every three years.  Membership shall be based on the organization's commitment to:

1. Sustained compliance with environmental laws and history of compliance with environmental laws.

2. Develop, implement and maintain an environmental management system.

3. Going above and beyond the requirements of environmental laws.

4. Pollution prevention and improving its environmental performance.

5. Reporting to the department on its environmental performance annually.

D. Notwithstanding any other law, membership in the voluntary environmental stewardship program does not constitute a license under title 41, chapter 6, and the denial or approval of membership does not constitute an appealable action or an action against the party under title 41, chapter 6, article 10.