Current through Register 1531, September 27, 2024
(1)
Applications.
All permit applications for an individual permit and all notices of intent
requesting coverage under a general permit, including without limitation
applications for PWTFs submitted in accordance with
314
CMR 5.15, shall be signed as follows:
(a) For a corporation or limited liability
corporation: by a president, secretary, treasurer, or vice-president of the
corporation in charge of a principal business function and duly authorized by
the Board of Directors, or any other person who performs similar policy or
decision-making functions for the corporation, or to whom authority to sign
documents has been assigned or delegated in accordance with corporate
procedures;
(b) For a partnership
or limited partnership: by a general partner;
(c) For a sole proprietorship: by the
proprietor;
(d) For a trust: by the
trustee; or
(e) For a municipality,
local government unit or political subdivision of the State or Federal
government: by a principal executive officer, ranking elected official, or
other person with legal authority to sign such documents.
(2)
Reports. All
reports or other information required by permits or
314 CMR 5.00 and other
information requested by the Department shall be signed by a person described
in 314 CMR 5.14(1), or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(a) The authorization is made in writing by a
person described in 314 CMR 5.14(1);
(b) 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 a position of equivalent responsibility; and
(c) The written authorization is submitted to
the Department.
(3)
Certification. Any person signing a document under 314
CMR 5.14(1) or (2) shall make the following certification:
(a) "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 diligent 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."
(b) "I am aware that submitting a false or
misleading certification could lead to modification, suspension, or revocation
of any permit granted pursuant to this application or report, as set forth in
314
CMR 5.12."
