A. The
following documents submitted to the board shall be signed by a responsible
official:
(i) any emission statement,
application, form, report, or compliance certification;
(ii) any document required to be so signed by
any provision of the regulations of the board; or
(iii) any other document containing emissions
data or compliance information the owner wishes the board to consider in the
administration of its air quality programs. A responsible official is defined
as follows:
1. For a business entity, such as
a corporation, association or cooperative, a responsible official is either:
a. The president, secretary, treasurer, or a
vice president of the business entity in charge of a principal business
function, or any other person who performs similar policy or decision-making
functions for the business entity; or
b. A duly authorized representative of such
business entity if the representative is responsible for the overall operation
of one or more manufacturing, production, or operating facilities applying for
or subject to a permit and either (i) the facilities employ more than 250
persons or have gross annual sales or expenditures exceeding $25 million (in
second quarter 1980 dollars) or (ii) the authority to sign documents has been
assigned or delegated to such representative in accordance with procedures of
the business entity.
2.
For a partnership or sole proprietorship, a responsible official is a general
partner or the proprietor, respectively.
3. For a municipality, state, federal, or
other public agency, a responsible official is either a principal executive
officer or ranking elected official. A principal executive officer of a federal
agency includes the chief executive officer having responsibility for the
overall operations of a principal geographic unit of the agency.
B. Any person signing a
document under subsection A 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 and evaluating 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."
C. Subsection B of this section shall be
interpreted to mean that the signer must have some form of direction or
supervision over the persons gathering the data and preparing the document (the
preparers), although the signer need not personally nor directly supervise
these activities. The signer need not be in the same line of authority as the
preparers, nor do the persons gathering the data and preparing the form need to
be employees (e.g., outside contractors can be used). It is sufficient that the
signer has authority to assure that the necessary actions are taken to prepare
a complete and accurate document.
D. Any person who fails to submit any
relevant facts or who has submitted incorrect information in a document shall,
upon becoming aware of such failure or incorrect submittal, promptly submit
such supplementary facts or corrected information.