6 Colo. Code Regs. § 1007-3-100.1.12
Current through Register Vol. 47, No. 20, October 25, 2024
Section 6 CCR 1007-3-100.1.12 - APPLICATION FOR A PERMIT. How to Apply(a)Application Requirement. Any person who is required to have a State RCRA permit including new applicants and permittees with expiring permits) shall complete, sign, and submit an application as described in this section and in § 100.4, exclusively.(b)Duty to apply. When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit, except that the owner must also sign the permit application.(c)Signatory Requirement. 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 decision-making 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.(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.(d)Certification.(1) Any person signing a document under paragraph (a) or (b) of this section 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.
(2) For remedial action plans (RAPs) under § 100.27 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.
(e)Completeness. The Director shall not issue a permit before receiving a complete application, except for RCRA permits by rule (§ 100.21) and emergency permits (§ 100.22). Application requirements for a State RCRA permit (Part A and Part B) are found in § 100.4. An application for a permit is complete when the Director determines that the application form and, if a notice of deficiency has been issued, information in the response to the notice of deficiency, contain the information required by § 100.4. The completeness of any application for a permit shall be judged independently of the status of any other permit application or permit for the same facility or activity. An application for a permit is complete notwithstanding the failure of the owner or operator to submit the exposure information described in § 100.4 1(b)(8).(g)Permits by Rule and Emergency permits.(1) Facilities that meet the conditions listed in § 100.21 are deemed to have a permit by rule and need not apply for a State RCRA permit.(2) Emergency permits. Procedures for applications, issuance, and administration of emergency permits are found exclusively in § 100.22.37 CR 24, December 25, 2014, effective 3/2/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 05, March 10, 2016, effective 3/30/201639 CR 11, June 10, 2016, effective 6/30/201640 CR 06, March 25, 2017, effective 4/14/201740 CR 11, June 10, 2017, effective 6/30/201740 CR 21, November 10, 2017, effective 11/30/201741 CR 06, March 25, 2018, effective 4/14/201841 CR 11, June 10, 2018, effective 6/30/201841 CR 24, December 25, 2018, effective 1/14/201942 CR 06, March 25, 2019, effective 4/14/201942 CR 06, March 25, 2019, effective 5/30/201942 CR 11, June 10, 2019, effective 6/30/201943 CR 12, June 25, 2020, effective 7/15/202044 CR 06, March 25, 2021, effective 4/14/202144 CR 11, June 10, 2021, effective 6/30/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 11, June 10, 2022, effective 6/30/202245 CR 17, September 10, 2022, effective 9/10/202245 CR 17, September 10, 2022, effective 9/30/202245 CR 23, December 10, 2022, effective 1/30/2023