(a) Any certifications associated with
submissions to the director under this chapter 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:
(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- or
decisionmaking functions for the corporation, or
(B) The manager of one or more manufacturing,
production, or operating facilities, provided the manager is authorized to make
management decisions which 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
registration 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;
(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:
(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., Regional Administrators of EPA);
(4) For a trust. By a trustee;
or
(5) For a limited liability
company (LLC). By a manager or a member authorized to make management decisions
for the LLC and who is in charge of a principal business function, or who
performs similar policy- or decision-making functions for the LLC.
(b) All other reports or
information required under this chapter shall be signed by a person designated
in subsection (a) or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) 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,
superintendent, or 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);
(2) The authorization is made in writing by a
person designated under subsection (a); and
(3) The written authorization is submitted to
the director.
(c) If an
authorization under subsection (b) 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)
must be submitted to the director prior to or together with any reports,
information, or registrations to be signed by an authorized
representative.
