(a)
Applications. All permit applications 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:
(i) 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
decisionmaking functions for the corporation, or
(ii) The manager of one or more
manufacturing, production or operating facilities employing more than
two-hundred and fifty 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.
(2) For a partnership or sole proprietorship;
by a general partner or the proprietor, respectively; or
(3) For a municipality, County, State, or
federal agency 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:
(i) The chief executive officer of the
agency, or
(ii) a senior executive
officer having responsibility for the overall operations of a principal
geographic unit of the agency (e.g., Regional Administrators of EPA).
(b) Reports. All
reports required by permits and other information requested by the director
shall be signed by a person described in subsection (a), 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);
(2) The authorization specifies either an
individual or a position having responsibility for 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
(3) The written authorization is submitted to
the director.
(c)
Changes to authorization. If an authorization under subsection (b) 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) must be submitted to the director prior to or
together with any reports, information, or applications to be signed by an
authorized representative.
(d)
Certification. Any person signing a document under subsection (a) or (b) 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."
