(a) The MRSF and the BRs
shall be signed by the highest ranking official having day-to-day managerial and
operational responsibilities for the discharging facility as explained below:
1. For private entities this will usually be a
person identified in
7:14A-4.9(a)1;
and
2. For local agencies (such as a
sewerage entity, school board, or State agency), the highest ranking licensed
operator having day-to-day managerial and operational responsibilities, including
the responsibility to authorize capital expenditures and hire personnel for the
discharging facility, shall sign the MRSF.
i. If
the highest ranking licensed operator having day-to-day managerial and operational
responsibilities for the discharging facility does not have the responsibility to
authorize capital expenditures and hire personnel, he or she may sign the form.
However, the person having those responsibilities shall also certify that he or she
has received and reviewed the MRF by signing the MRSF.
3. In those instances where a local agency has
contracted with another entity to operate the treatment works, the highest ranking
official who signs the MRSF shall be an employee of the contract operator and not of
the local agency.
i. If the highest ranking
official of the contracted entity does not have the responsibility to authorize
capital expenditures and hire personnel, he or she may sign the form. However, the
person having those responsibilities at the local agency shall also certify that he
or she has received and reviewed the MRF by signing the MRSF.
(b) The following certification shall
be made by the above described official and shall accompany the report:
"I certify under penalty of law that I have personally examined
and am familiar with the information submitted in this document and all attachments,
and that, based on my inquiry of those individuals immediately responsible for
obtaining the information, I believe that the information is true, accurate and
complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and/or imprisonment."
(c) The above described official may
authorize another responsible high ranking official to sign the MRSF in his or her
absence. Authorizations for other individuals to sign in accordance with this
subsection shall be made in accordance with
7:14A-4.9(b).
(d) The highest ranking official shall be liable
in all instances for the accuracy of all of the information provided in the report.
However, the highest ranking official may file within seven days of his or her
return, amendments to the report to which he or she was not a signatory. The filing
of amendments to a monitoring report in accordance with this subsection shall not be
considered a late filing of a report for the purposes of
7:14A-6.8, or for the purposes of
determining a significant noncomplier.
Notes
N.J. Admin. Code §
7:14A-6.9
Amended by R.2009 d.7,
effective 1/5/2009.
See:
40 N.J.R. 1478(a), 41 N.J.R. 142(a).
Section was "Signatory
requirements for DMR and BR". In the introductory paragraph of (a), substituted "The
MRSF" for "All DMRs" and "as explained below:" for ", whose responsibilities usually
include authorizing capital expenditures and/or hiring personnel."; rewrote the
introductory paragraph of (a)2; added (a)2i and (a)3; and in (c), substituted "MRSF"
for "DMR".