Current through Register Vol. 56, No. 18, September 16, 2024
(a) All permit
applications, requests for authorization, reports required by permits other than
MRFs, and other information requested by the Department, shall be signed by a person
described in (a)1 through 4 below. MRFs shall be signed in accordance with the
reporting requirements of
7:14A-6.9.
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 or decision-making functions for the
corporation; or
ii. The manager of one
or more manufacturing, production, or operating facilities, provided:
(1) The manager is authorized to make management
decisions that govern the operation of the regulated facility, including having the
explicit or implicit duty of recommending major capital investment, initiating and
directing comprehensive measures to assure long term compliance with environmental
laws and regulations, and ensuring that the necessary systems are established or
actions taken to gather complete and accurate information for permit application
requirements; or
(2) The 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 (e.g., Regional Administrator); or
4. By a duly authorized representative as
described in (b) below.
(b) A
person is a duly authorized representative only if:
1. The authorization is made in writing by a
person described in (a)1 through 3 above;
2. The authorization specifies either an
individual or a position whose occupant has 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 whose occupant has 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 (b) above is no
longer accurate because a different individual or position has responsibility for
the overall operation of the facility or overall responsibility for environmental
matters for the company, a new authorization satisfying the requirements of (b)
above must be submitted to the Department prior to or together with any reports,
information, or applications signed by an authorized representative.
(d) Any person signing a document under (a) above
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 purposely,
knowingly, recklessly, or negligently submitting false information."
