A. All state 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 state 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 state 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 a 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 the Virginia Pollutant Discharge Elimination System (VPDES) Permit
Regulation 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 § 25-870-370
Derived From Virginia Register Volume 30,
Issue 2, eff. October 23, 2013; Amended,
Virginia
Register Volume 33, Issue 22, eff.
7/26/2017; Amended,
Virginia
Register Volume 38, Issue 25, eff.
8/31/2022.
Statutory Authority: §§ 62.1-44.15:25 and
62.1-44.15:28 of the Code of Virginia.
