7 Del. Admin. Code § 7102-33.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 7102-33.0 - Signatories and certifications to permit applications and reports

33.1 Applications. All permit applications shall be signed as follows:

33.1.1 For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means:

33.1.1.1 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

33.1.1.2 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.

33.1.2 For a partnership or sole proprietorship: by a partner, a general partner or the proprietor, respectively; or

33.1.3 For a municipality, State, Federal, or other public agency: by either a principal executive officer or other official who is authorized by statute, ordinance, regulation, or other applicable procedure to bind the governmental entity. 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).

33.2 Reports. All reports required by permits and other information requested by the Department in the course of evaluating a permit application shall be signed by a person described in Section 33.0, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

33.2.1 The authorization is made in writing by a person described in subsection 33.1;

33.2.2 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, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and

33.2.3 The written authorization is approved by the Department.

33.3 Changes to authorization. If an authorization under Section 33.0 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 Section 33.0 must be submitted to the Department prior to or together with any reports, information, or applications to be signed by an authorized representative.

33.4 Certification. Any person signing a document under subsection 33.1 or 33.2 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.

33.5 Certification by a Professional Engineer and Professional Geologist.

33.5.1 All applications for Class I injection wells and Class V injection wells that penetrate through a USDW shall be sealed and certified by a professional engineer or professional geologist (as applicable), in compliance with these regulations and the professional regulations of the State of Delaware.

33.5.2 The application, plans, and specifications, certification of construction completion reports, operation and maintenance manual, and other related documents shall be certified by a professional engineer or professional geologist, as applicable, registered in the State of Delaware and retained by the applicant for that purpose.

33.5.3 All applications for Class I injection wells and Class V injection wells that penetrate through a USDW shall contain the following statement:

I certify that the features of this injection point have been designed or examined by me and found to be in conformity with modern principles of injection of fluids and well design for the purpose described in this application. There is reasonable assurance, in my professional judgment, that the injection point, when properly maintained and operated, will discharge the fluid in compliance with all applicable statutes of the State of Delaware and the rules and regulations of the Department of Natural Resources and Environmental Control. It is agreed that the undersigned will furnish the applicant with a set of instructions for proper maintenance and operation of the injection point.

7 Del. Admin. Code § 7102-33.0

21 DE Reg. 978 (6/1/2018) (Final)