Current through Register Vol. 41, No. 3, September 23, 2024
Any application, report, or certification shall be signed
as follows:
1. Application.
a. For a corporation: by 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 employing more than 250
persons or having gross annual sales or expenditures exceeding $25,000,000 in
second-quarter 1980 dollars, if authority to sign documents has been assigned
or delegated to the manager in accordance with corporate procedures.
b. For a municipality, state,
federal or other public agency by either a principal executive officer or
ranking elected official. A principal executive officer of a federal,
municipal, or state agency includes the chief executive officer of the agency
or head executive officer having responsibility for the overall operation of a
principal geographic unit of the agency.
c. For a partnership or sole proprietorship,
by a general partner or proprietor respectively.
d. Any application for a permit under this
regulation must bear the signatures of the responsible party and any agent
acting on the responsible party's behalf.
2. Reports. All reports required by permits
and other information requested by the department shall be signed by:
a. One of the persons described in
subdivision a, b or c of this section; or
b. A duly authorized representative of that
person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a
person described in subdivision a, b, or c of this section; and
(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,
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) If
an authorization is no longer accurate because a different individual or
position has responsibility for the overall operation of the facility, a new
authorization shall be submitted to the department prior to or together with
any separate information, or applications to be signed by an authorized
representative.
3. Certification of application and reports.
Any person signing a document under subdivision 1 or 2 of this section 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."
Statutory Authority: § 62.1-249 of the Code of
Virginia.
