Idaho Admin. Code r. 58.01.25.090

Current through September 2, 2024

Section 58.01.25.090 - SIGNATURE REQUIREMENTS

01.Permit Applications and Notices of Intent. IPDES permit applications and notices of intent must be signed by a certifying official as follows:

a. For a corporation, a responsible corporate officer must sign the application or notice of intent. In this subsection, a responsible corporate officer means:

i. President, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or other person who performs similar policy- or decision-making functions for the corporation; or

ii. Manager of one (1) or more manufacturing, production, or operating facilities or sites, if the manager:

(1) Is authorized to make management decisions that govern the operation of the regulated facility, including the explicit or implicit duty of recommending major capital investments, and initiating and directing other comprehensive measures to ensure long-term environmental compliance with environmental statutes and regulations;

(2) Ensures the necessary systems are established or actions taken to gather complete and accurate information for IPDES permit application requirements; and

(3) Has been assigned or delegated authority to sign documents following corporate procedures;

b. For a partnership or sole proprietorship, the general partner or proprietor, respectively, signs the application; and

c. For a municipality, state, or other public agency, either a principal executive officer or ranking elected official must sign the application. In this subsection, a principal executive officer of an agency means:

i. Chief executive officer of the agency; or

ii. Senior executive officer responsible for the overall operations of a principal geographic unit or agency division.

02.Reports and Other Information Submitted. A report or information required by an IPDES permit, notice of intent, monitoring and reporting provisions, and other information requested by the Department must be signed by a person described in Subsection 090.01, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

a. Authorization is made in writing by a person described in Subsection 090.01;

b. Authorization specifies either:

i. An individual or a position responsible for the overall operation of the regulated facility or activity, including a manager, operator, superintendent, or position of equivalent responsibility; or

ii. An individual or position responsible for overall environmental matters for the company; and

c. The written authorization is submitted to the Department.

03.New Authorization. If an authorization is no longer accurate due to a change in staffing or personnel for the overall operation of the facility, a new authorization satisfying the requirements of Subsection 090.01 must be submitted to the Department before or with a report, information, or application to be signed by an authorized representative.

04.Certification. A person signing a document under Subsections 090.01 or 090.02 must 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."

05.Electronic Signatures. The Department may require signed, certified, or authorized information to be submitted electronically, with an electronic signature approved by the Department.

06.Electronic Reporting. When documents described in Subsection 090.01 or 090.02 are submitted electronically by or on behalf of the IPDES-regulated facility, persons providing the electronic signature must meet the relevant requirements of this section, and ensure the relevant requirements of 40 CFR Part 3 (Cross-Media Electronic Reporting) and 40 CFR Part 127 (NPDES Electronic Reporting Requirements) are met for that submission.

Idaho Admin. Code r. 58.01.25.090

Effective July 1, 2024