a) Applications. A permit application must be
signed as follows:
1) For a corporation: a
permit application must be signed by a responsible corporate officer. For the
purpose of this Section, a responsible corporate officer means either of the
following persons:
A) A president, secretary,
treasurer, or vice president of the corporation in charge of a principal
business function, or any other person that performs similar policy or
decision-making functions for the corporation; or
B) 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 million (in second-quarter
1980 dollars), if authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures;
BOARD NOTE: The Board does not require specific assignments
or delegations of authority to responsible corporate officers identified in
subsection (a)(l)(A). The Agency will presume that these responsible corporate
officers have the requisite authority to sign permit applications unless the
corporation has notified the Agency to the contrary. Corporate procedures
governing authority to sign permit applications may provide for assignment or
delegation to applicable corporate positions pursuant to subsection (a)(l)(B),
rather than to specific individuals.
2) For a partnership or sole proprietorship:
a permit application must be signed by a general partner or the proprietor,
respectively; or
3) For a
municipality, State, federal, or other public agency: a permit application must
be signed by either a principal executive officer or ranking elected official.
For purposes of this Section, a principal executive officer of a federal agency
includes either of the following persons:
A)
The chief executive officer of the agency, or
B) A senior executive officer having
responsibility for the overall operations of a principal geographic unit of the
agency (e.g., Regional Administrators of USEPA).
b) Reports. All reports required
by permits or other information requested by the Agency must be signed by a
person described in subsection (a), or by a duly authorized representative of
that person. A person is a duly authorized representative only if each of the
following conditions are fulfilled:
1) The
authorization is made in writing by a person described in subsection
(a);
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); and
3) The written authorization is submitted to
the Agency.
c) Changes
to Authorization. If an authorization pursuant to subsection (b) is no longer
accurate because a different individual or position has responsibility for the
overall operation of the facility, a new authorization satisfying the
requirements of subsection (b) must be submitted to the Agency prior to or
together with any reports, information, or applications to be signed by an
authorized representative.
d)
Certification
1) Any person signing a
document pursuant to subsection (a) or (b) must 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 that 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.
2) Alternative Owner Certification. For
remedial action plans (RAPs) pursuant to Subpart H, if the operator certifies
according to subsection (d)(1), then the owner may choose to make the following
certification instead of the certification in subsection (d)(1):
Based on my knowledge of the conditions of the property
described in the RAP and my inquiry of the person or persons that manage the
system referenced in the operator's certification, or those persons directly
responsible for gathering the information, the information submitted is, upon
information 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.