Current through September 18, 2024
Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC
13-7-10-1
Affected: IC 13-1-3; IC 13-7
Sec. 22.
(a) All
permit applications shall be signed as follows:
(1) For a corporation by a responsible
corporate officer. For purposes of this section, "a responsible corporate
officer" means either of the following:
(A) A
president, secretary, treasurer, any vice president of the corporation in
charge of a principal business function, or any other person who performs
similar policymaking or decision making functions for the
corporation.
(B) The manager of one
(1) 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 to make
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.
(3) For a municipality, state, federal, or
other public agency or political subdivision thereof 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 (for example, Regional Administrators of
EPA).
(4) Permit
applicants who meet the criteria set forth in this subsection may also be
required to utilize agency-approved electronic application mechanisms in lieu
of paper NPDES applications.
(b) All reports required by permits and other
information requested by the commissioner shall be signed by a person described
in subsection (a), or by a duly authorized representative of that person. A
person is a duly authorized representative only if the authorization meets the
following requirements:
(1) The authorization
is made in writing by a person described in subsection (a).
(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 commissioner.
(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 commissioner prior to or together with any reports,
information, or applications to be signed by an authorized
representative.
(d) Any person
signing a document under subsection (a) or (b) 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.".
