(1) Applications.
All permit applications, except those submitted for Class II wells (see
subsection (2) of this section), shall be signed as follows:
(a) For a corporation, by a responsible
corporate officer. For the purpose of this subsection, a responsible corporate
officer means:
1. 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
2. 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 (in second-quarter
1980 dollars), if authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures.
Note: Specific assignments or delegations of authority to
responsible corporate officers identified in subparagraph 1. above is not
required. The Department will presume that these responsible corporate officers
have the requisite authority to sign permit applications unless the corporation
has notified the Department to the contrary. Corporate procedures governing
authority to sign permit applications may provide for assignment or delegation
to applicable corporate positions under subparagraph 2. above rather than to
specific individuals.
(b) For a partnership or sole proprietorship,
by a general partner or the proprietor, respectively; or
(c) For a municipality, state, federal, or
other public agency, by either a principal executive officer or ranking elected
official. For purposes of this subsection, a principal executive officer of a
state or federal agency includes the chief executive officer of the agency, or
a senior executive officer having responsibility for the overall operations of
a principal geographic unit of the agency.
(2) Reports. All reports required by permits
and other information requested by the Department shall be signed by a person
described in subsection (1) of this section, or by a duly authorized
representative of that person. A person is a duly authorized representative
only if:
(a) The authorization is made in
writing by a person described in subparagraph (1) of this section;
(b) 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. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position); and
(c) The written authorization is submitted to
the Department.
(3)
Changes to authorization. If an authorization under subsection (2) 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 (2) of this section shall be
submitted to the Department prior to or together with any reports, information,
or applications to be signed by an authorized representative.
(4) Certification. Any person signing a
document under subsection (1) or (2) 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."
