Md. Code Regs. 26.13.07.03 - Signatories to Permit Applications and Reports
A. Applications. All permit applications
shall be signed as follows:
(1) For a
corporation, by a responsible corporate officer. For the purpose of this
section, a responsible corporate officer means:
(a) 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
(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.
(2) For a partnership or sole proprietorship,
by a general partner or the proprietor, respectively.
(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:
(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. An example would be the Regional Administrator of Region III,
EPA.
B.
Reports. All reports required by permits and other information requested by the
Secretary, shall be signed by a person described in §A of this regulation,
or by 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 §A of this
regulation.
(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) The written
authorization is submitted to the Secretary.
C. Changes to Authorization. If an
authorization under §B of this regulation 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 §B of
this regulation shall be submitted to the Secretary before or together with any
reports, information, or applications to be signed by an authorized
representative.
D. Certification.
Any person signing a document under §A or B of this regulation 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.
Notes
Regulations .03A_E repealed, and new .03A_M adopted effective January 31, 1983 (10:2 Md. R. 110)
Regulation .03B, C, F, G, and L amended effective April 18, 1988 (15:8 Md. R. 1009)
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