[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR270.11]

[Page 280-281]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM--Table of Contents
 
                      Subpart B--Permit Application
 
Sec. 270.11  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 (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 decisionmaking 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 million (in 
second-quarter 1980 dollars), if authority to sign documents has been 
assigned or delegated to the manager in accordance with corporate 
procedures.
    Note: EPA does not require specific assignments or delegations of 
authority to responsible corporate officers identified in 
Sec. 270.11(a)(1)(i). The Agency will presume that these responsible 
corporate officers have the requisite authority to sign permit 
applications unless the corporation has notified the Director to the 
contrary. Corporate procedures governing authority to sign permit 
applications may provide for assignment or delegation to applicable 
corporate positions under Sec. 270.11(a)(1)(ii) rather than to specific 
individuals.
    (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 
Administrators of EPA).
    (b) Reports. All reports required by permits and other information 
requested by the Director shall be signed by a person described in 
paragraph (a) of this section, 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 
paragraph (a) of this section;
    (2) The authorization specifies either an individual or a position 
having responsibility for 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 Director.
    (c) Changes to authorization. If an authorization under paragraph 
(b) of this section 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 paragraph 
(b) of this section must be submitted to the Director prior to or 
together with any reports, information, or applications to be signed by 
an authorized representative.
    (d)(1) Any person signing a document under paragraph (a) or (b) of 
this must make the following certification:

    I certify under penalty of law that this document and all 
attachments were prepared under my direction or supervision according to 
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.


[[Page 281]]


    (2) For remedial action plans (RAPs) under subpart H of this part, 
if the operator certifies according to paragraph (d)(1) of this section, 
then the owner may choose to make the following certification instead of 
the certification in paragraph (d)(1) of this section:

    Based on my knowledge of the conditions of the property described in 
the RAP and my inquiry of the person or persons who 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.

(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983; 63 
FR 65941, Nov. 30, 1998]