[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

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

[CITE: 40CFR270.11]



[Page 322-323]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION 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



[[Page 323]]



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.



    (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]