Section 36.38 - Signatures(1) All statements, permit applications and requests filed under 310 CMR 36.00 shall be signed as follows: (a) For a corporation, by a corporate officer duly designated as a corporate representative for such purpose, or the manager of a manufacturing, production, or operating facility, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;(b) For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or(c) For a municipality, state, federal, or other public agency: by an executive officer or a ranking elected official duly authorized for such purpose.(2) All reports required and other information requested by the Department shall be signed by a person described in 310 CMR 36.38(1), or by a duly designated representative of that person. A person is a duly designated representative only if: (a) the authorization is made in writing by a person described in 310 CMR 36.38(1);(b) 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, superintendent, or position of equivalent responsibility; and(c) the written authorization is submitted to the Department.(3) Any person signing a document under 310 CMR 36.38(1) or (2) shall include 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 gathered and evaluated 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."
Amended by Mass Register Issue 1273, eff. 11/7/2014.