N.J. Admin. Code § 7:26C-1.5

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:26C-1.5 - Signatures and certifications

(a) The person responsible for conducting the remediation shall:

1. Sign, date, and certify all submissions in accordance with this chapter and the certification instructions on the applicable form; and

2. Ensure that each form submitted to the Department by that person or by a licensed site remediation professional on behalf of that person is certified by a licensed site remediation professional in accordance with the applicable form.

(b) The following individuals shall sign and certify, on behalf of the person responsible for conducting the remediation, each form that that person submits to the Department as follows:

1. For a corporation, a responsible corporate official. For purposes of this section, a responsible corporate official 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, provided:

(1) The manager is authorized to make management decisions that govern the operation of the facility, including having the explicit or implicit duty of recommending major capital investment, initiating and directing comprehensive measures to ensure long-term compliance with environmental laws and rules, and ensuring that the necessary systems are established or actions taken to gather complete and accurate monitoring; or

(2) The authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

2. For a limited liability company, a responsible company official. For the purpose of this section, a responsible company official means an individual who has the authority to bind the limited liability company to the provisions of this chapter, including without limitation, an officer, member, or manager of the limited liability company;

3. For a partnership, a responsible corporate official;

4. For a sole proprietorship, the proprietor;

5. For a municipality, county, State, Federal, or other public agency, either a principal executive officer or ranking elected official. 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 (such as a Regional Administrator); or

6. A duly authorized representative of anyone in (b)1 through 5 above, if:

i. The authorization is made in writing by a person described in (b)1 through 5 above;

ii. The authorization specifies either an individual or a position whose occupant has responsibility for the remediation, or an individual or position whose occupant has overall responsibility for environmental matters for the company (a duly authorized representative may thus be either a named individual or any individual occupying a named position); and

iii. The person responsible for conducting the remediation submits the written authorization to the Department along with the form being submitted.

(c) The person responsible for conducting the remediation shall make the following certification on each form that that person submits to the Department:

I certify under penalty of law that:

-- I have read, understand, and have followed the applicable rules and instructions for this form;

-- I have personally examined and am familiar with the information submitted on this form and all attached documents, and that based on my inquiry of those individuals responsible for obtaining the information;

-- I believe that the submitted information is true, accurate, and complete;

-- I am the person required, pursuant to N.J.A.C. 7:26C-1.5(b), to sign this form for the persons responsible for conducting the remediation; and

-- I am aware that there are significant civil penalties for knowingly submitting false, inaccurate, or incomplete information and that I am committing a crime of the fourth degree if I make a written false statement that I do not believe to be true. I am also aware that if I knowingly direct or authorize the violation of any statute or regulation, I am personally liable for penalties.

N.J. Admin. Code § 7:26C-1.5

Amended by 50 N.J.R. 1715(b), effective 8/6/2018