Current through Register Vol. 56, No. 24, December 18, 2024
(a) The person
responsible for conducting the remediation shall:
1. Sign, date, and certify all submissions in
accordance with this chapter and the certification instructions on the
applicable form; and
2. Ensure that
each form submitted to the Department by that person or by a licensed site
remediation professional on behalf of that person is certified by a licensed
site remediation professional in accordance with the applicable form.
(b) The following individuals
shall sign and certify, on behalf of the person responsible for conducting the
remediation, each form that that person submits to the Department as follows:
1. For a corporation, a responsible corporate
official. For purposes of this section, a responsible corporate official 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 facility, including
having the explicit or implicit duty of recommending major capital investment,
initiating and directing comprehensive measures to ensure long-term compliance
with environmental laws and rules, and ensuring that the necessary systems are
established or actions taken to gather complete and accurate monitoring;
or
(2) The authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures;
2. For a limited liability company, a
responsible company official. For the purpose of this section, a responsible
company official means an individual who has the authority to bind the limited
liability company to the provisions of this chapter, including without
limitation, an officer, member, or manager of the limited liability
company;
3. For a partnership, a
responsible corporate official;
4.
For a sole proprietorship, the proprietor;
5. For a municipality, county, State,
Federal, or other public agency, 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 (such as a Regional Administrator); or
6. A duly authorized representative of anyone
in (b)1 through 5 above, if:
i. The
authorization is made in writing by a person described in (b)1 through 5
above;
ii. The authorization
specifies either an individual or a position whose occupant has responsibility
for the remediation, 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
iii. The person responsible for conducting
the remediation submits the written authorization to the Department along with
the form being submitted.
(c) The person responsible for conducting the
remediation shall make the following certification on each form that that
person submits to the Department:
I certify under penalty of law that:
-- I have read, understand, and have followed the
applicable rules and instructions for this form;
-- I have personally examined and am familiar with
the information submitted on this form and all attached documents, and that
based on my inquiry of those individuals responsible for obtaining the
information;
-- I believe that the submitted information is true,
accurate, and complete;
-- I am the person required, pursuant to N.J.A.C.
7:26C-1.5(b), to sign this form for the persons responsible for conducting the
remediation; and
-- I am aware that there are significant civil
penalties for knowingly submitting false, inaccurate, or incomplete information
and that I am committing a crime of the fourth degree if I make a written false
statement that I do not believe to be true. I am also aware that if I knowingly
direct or authorize the violation of any statute or regulation, I am personally
liable for penalties.
