(a) All permit
applications, requests for authorization, reports required by permits other
than MRFs, and other information requested by the Department, shall be signed
by a person described in (a)1 through 4 below. MRFs shall be signed in
accordance with the reporting requirements of
7:14A-6.9.
1. For a corporation, by a responsible
corporate officer. For the purpose of this section, a responsible corporate
officer 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 regulated facility,
including having the explicit or implicit duty of recommending major capital
investment, initiating and directing comprehensive measures to assure long term
compliance with environmental laws and regulations, and ensuring that the
necessary systems are established or actions taken to gather complete and
accurate information for permit application requirements; or
(2) The 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; or
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:
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 (e.g., Regional Administrator); or
4. By a duly authorized representative as
described in (b) below.
(b) A person is a duly authorized
representative only if:
1. The authorization
is made in writing by a person described in (a)1 through 3 above;
2. The authorization specifies either an
individual or a position whose occupant has 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, position of
equivalent responsibility, 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
3. The written authorization is submitted to
the Department.
(c) If
an authorization under (b) above is no longer accurate because a different
individual or position has responsibility for the overall operation of the
facility or overall responsibility for environmental matters for the company, a
new authorization satisfying the requirements of (b) above must be submitted to
the Department prior to or together with any reports, information, or
applications signed by an authorized representative.
(d) Any person signing a document under (a)
above 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 purposely, knowingly, recklessly, or
negligently submitting false information."
Notes
N.J. Admin. Code §
7:14A-4.9
Amended by R.2009 d.7,
effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
In the introductory
paragraph of (a), substituted "MRFs" for "DMRs" twice and deleted "DMR"
preceding "reporting requirements"; rewrote the introductory paragraph of
(a)1ii; and added (a)1ii(1) and (a)1ii(2).