(A)
Applications. All permit applications shall be signed as follows:
(1) For a corporation. By a responsible
corporate officer. For the purpose of this rule, a "responsible corporate
officer" means
either:
(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-making or decision-making
functions for the corporation.
; or
(b)
The manager of one or more manufacturing, production, or operating facilities
employing more than two hundred fifty persons or having gross annual sales or
expenditures exceeding twenty-five million dollars (in second quarter 1980
dollars), if authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
[Comment: Ohio EPA does not require
specific assignments or delegations of authority to responsible corporate
officers identified in paragraph (A)(1)(a) of this rule. Ohio EPA 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)(b) of this rule 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 rule, a
"
principal executive officer of a federal agency
"
may be either of the following
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 (e.g., U.S. EPA regional
administrator).
(B) Reports. All reports required by permits
and other information requested by the director shall be signed by a person
described in paragraph (A) of this rule, or by a duly authorized representative
of that person. A person is a duly authorized representative only if
all of the following:
(1) The authorization is made in writing by a
person described in paragraph (A) of this rule.
;
(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 (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 paragraph (B) of this rule is no longer accurate because a
different individual or position has responsibility for the overall operation
of a
the
facility, a new authorization satisfying the requirements of paragraph (B) of
this rule shall 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 who signs a document under paragraph (A)
or (B) of this rule:
(1)
Shall
Any person
signing a document under paragraph (A) or (B) of this rule 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."
(2)
[Reserved.]
For remedial
action plans under rules 3745-50-80 to 3745-50-230 of the Administrative Code,
if the operator certifies according to paragraph (D)(1) of this rule, then the
owner may choose to make the following certification instead of the
certification in paragraph (D)(1) of this rule: "Based on my knowledge of the
conditions of the property described in the remedial action plan and my inquiry
of the person or persons who manage the system referenced in the operator's
certification, 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."
Notes
Ohio Admin. Code
3745-50-42
Effective:
3/7/2025
Five Year Review (FYR) Dates:
11/12/2024 and Exempt
Promulgated Under:
119.03
Statutory
Authority: 3734.12
Rule
Amplifies: 3734.12
Prior
Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.),
12/02/1981, 08/30/1984, 03/04/1985, 04/01/1990, 03/09/2001, 12/07/2004,
09/05/2010, 10/31/2015, 09/29/2021
