[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR122.22]



[Page 167-168]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 122_EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT 

DISCHARGE ELIMINATION SYSTEM--Table of Contents

 

   Subpart B_Permit Application and Special NPDES Program Requirements

 

Sec.  122.22  Signatories to permit applications and reports (applicable 

to State programs, see Sec.  123.25).



    (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 perfoms 

similar policy- or decision-making functions for the corporation, or 

(ii) the manager of one or more manufacturing, production, or operating 

facilities, provided, the manager is authorized to make management 

decisions which govern the operation of the regulated facility including 

having the explicit or implicit duty of making major capital investment 

recommendations, and initiating and directing other comprehensive 

measures to assure long term environmental compliance with environmental 

laws and regulations; the manager can ensure that the necessary systems 

are established or actions taken to gather complete and accurate 

information for permit application requirements; and where 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.  

122.22(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.  122.22(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) 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 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 having 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,



[[Page 168]]



    (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) Certification. Any person signing a document under paragraph (a) 

or (b) of this section 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.



(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 14153, Apr. 1, 1983, as amended at 48 FR 39619, Sept. 1, 1983; 49 

FR 38047, Sept. 29, 1984; 50 FR 6941, Feb. 19, 1985; 55 FR 48063, Nov. 

16, 1990; 65 FR 30907, May 15, 2000]