(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.
(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.
(2) For a partnership or sole
proprietorship
:
. By a general partner or the proprietor,
respectively.
(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:
(a) The chief executive officer of
the agency.
(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).
(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 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
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."
Notes
Ohio Admin. Code
3745-50-42
Effective:
9/29/2021
Five Year Review (FYR) Dates:
6/7/2021 and
06/05/2026
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
