A. All permit
applications, except those submitted for Class II wells, shall be signed as
follows:
1. For a corporation: by a
responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means:
a. A president,
secretary, treasurer, or vice president of the corporation in charge of a
principal business function, or any other person who performs similar policy-
or decision-making functions for the corporation; or
b. The manager of one or more manufacturing,
production, or operating facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding $25 million, if authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures.
2.
For a Partnership or sole proprietorship: by a general Partner or the
proprietor, respectively; or
3. For
a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official. For purposes of this Section, a
principal executive officer of a Federal agency includes:
a. The chief executive officer of the agency;
or
b. A senior executive officer
having responsibility for the overall operations of a principal geographic unit
of the agency.
B. All reports required by permits, other
information requested by the Director, and all permit applications submitted
for Class II wells under
R18-9-C616 shall be signed by a
person described in subsection (A) of this Section, or by a duly authorized
representative of that person. A person is a duly authorized representative
only if:
1. The authorization is made in
writing by a person described in subsection (A) of this Section;
2. The authorization specifies either an
individual or a position having responsibility for the overall operation of the
regulated facility or activity, such as the position of plant manager, operator
of a well or a well field, superintendent, or position of equivalent
responsibility; and
3. The written
authorization is submitted to the Director.
C. If an authorization under subsection (B)
of this Section is no longer accurate because a different individual or
position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of subsection (B) of this Section
must be submitted to the Director prior to or together with any reports,
information, or applications to be signed by an authorized
representative.
D. Any person
signing a document under subsection (A) or (B) of this Section shall make the
following certification:
I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel properly
gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible
for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.
