A. 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-making or decision-making
functions for the corporation, or
(ii) the manager of one or more
manufacturing, production, or operating facilities, provided the manager is
authorized to make management decisions that govern the operation of the
regulated facility, including having the explicit or implicit duty of making
major capital investment recommendations, and initiating and directing other
comprehensive measures to assure long-term environmental compliance with
environmental laws and regulations; the manager can ensure that the necessary
systems are established or actions taken to gather complete and accurate
information for permit application requirements; and where 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, 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.
B. All reports required by permits, and other
information requested by the department shall be signed by a person described
in subsection 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 subsection 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. If an authorization under subsection B 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 B of this section must
be submitted to the department prior to or together with any reports, or
information to be signed by an authorized representative.
D. Any person signing a document under
subsection 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."
E. Electronic reporting. If documents
described in subsection A or B of this section are submitted electronically by
or on behalf of the VPDES-regulated facility, any person providing the
electronic signature for such documents shall meet all relevant requirements of
this section and shall ensure that all of the relevant requirements of Part XI
(
9VAC25-31-950 et seq.) of this
chapter and 40 CFR Part
3 (including, in all cases, 40 CFR Part
3 Subpart D are
met for that submission).
Notes
9
Va. Admin. Code §
25-31-110
Derived from Virginia
Register Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register
Volume 17, Issue 13, eff. April 11, 2001; Amended,
Virginia
Register Volume 33, Issue 22, eff.
7/26/2017; Errata,
35:4 VA.R. 602 October 15, 2018; Amended,
Virginia
Register Volume 39, Issue 4, eff.
11/9/2022.
Statutory Authority: §
62.1-44.15 of the Code of
Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123,
124, 403, and 503.
