Current through Register Vol. 41, No. 3, September 23, 2024
Any application, report, including monitoring reports, or
certifications 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.
2.
Reports. All reports required by VPA permits and other information requested by
the department shall be signed by:
a. One of
the persons described in subdivision 1 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 1 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, 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) 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 must be submitted to the
department prior to or together with any separate information, or applications
to be signed by an authorized representative.
3. Certification. 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. I am aware that there are
significant penalties for submitting false information including the
possibility of fine and imprisonment for knowing violations."
Statutory Authority: § 62.1-44.15 of the Code of
Virginia.
