(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 decision-making functions
for the corporation, or
(ii) 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: EPA does not require specific assignments or
delegations of authority to responsible corporate officers identified in
paragraph (a)(1)(i). The Agency will presume that these responsible corporate
officers have the requisite authority to sign permit applications unless the
corporation has notified the Director to the contrary. Corporate procedures
governing authority to sign permit applications may provide for assignment or
delegation to applicable corporate positions under paragraph (a)(1)(ii) rather
than to specific individuals.
(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: (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) All reports
required by permits, and other information requested by the Department shall be
signed by a person described in paragraph (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 paragraph (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, position of
equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company, (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 Department.
(c)
Changes to authorization. If an authorization under paragraph (b) of this
section is no longer accurate because a different individually or position has
responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted
to the Department 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 paragraph (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.
