Section 18 AAC 83.385 - Signature requirements for permit applications and reports(a) An APDES permit application must be signed as follows: (1) for a corporation, a responsible corporate officer shall sign the application; in this subsection, a responsible corporate officer means (A) 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(B) the manager of one or more manufacturing, production, or operating facilities, if (i) the manager is authorized to make management decisions that 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 statutes and regulations;(ii) the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and(iii) authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;(2) for a partnership or sole proprietorship, the general partner or the proprietor, respectively, shall sign the application; and(3) for a municipality, state, or other public agency, either a principal executive officer or ranking elected official shall sign the application; in this subsection, a principal executive officer of an agency means (A) the chief executive officer of the agency; or(B) a senior executive officer having responsibility for the overall operations of a principal geographic unit or division of the agency.(b) Any report required by an APDES permit, and a submittal with any other information requested by the department, must be signed by a person described in (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 (a) of this section;(2) the authorization specifies either (A) an individual or a position having responsibility for the overall operation of the regulated facility or activity, including the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility; or(B) an individual or position having overall responsibility for environmental matters for the company; and(3) the written authorization is submitted to the department.(c) If an authorization under (b) of this section is no longer effective because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of (b) of this section must be submitted to the department before or together with any report, information, or application to be signed by authorized representative.(d) Any person signing a document under (a) or (b) of this section shall certify as follows: "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."Eff. 7/29/2006, Register 179Authority:AS 44.46.020
AS 46.03.010
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