Certifying Official

{
  "id": "MLC-T-ENV-004634",
  "term": "Certifying Official",
  "field": "Environment",
  "definition": "1. All applications, including NOIs, must be signed as follows: 1.) For a corporation: By a responsible corporate officer. For the purpose of this Part, 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, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where 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. For purposes of this Part, 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 Administrator of EPA).\n\n2. For purposes of part 73 of this chapter, means:(1) For a corporation, 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;(2) For partnership or sole proprietorship, a general partner or the proprietor, respectively; and(3) For a local government entity or State, Federal, or other public agency, either a principal executive officer or ranking elected official.\n\n3. For a corporation, a president, secretary, treasurer, or vice-president or the corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation;(2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or(3) For a local government entity or State, Federal, or other public agency, a principal executive officer or ranking elected official. [40 CFR 97.102 (CFR 2013)][40 CFR 97.202 (CFR 2013)]\n\n4. Natural person who is:(1) For a corporation, 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;(2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or(3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official. [40 CFR 97.402 (CFR 2013)][40 CFR 97.602 (CFR 2013)]\n\n5. For a corporation: 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 a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities with an affected facility subject to this subpart and either: (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) The Administrator is notified of such delegation of authority prior to the exercise of that authority. The Administrator reserves the right to evaluate such delegation;\n\n6. \"For a partnership (including but not limited to general partnerships, limited partnerships, and limited liability partnerships) or sole proprietorship: A general partner or the proprietor, respectively. If a general partner is a corporation, the provisions of paragraph (1) of this definition apply; (3) For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or (4) For affected facilities: (i) The designated representative in so far as actions, standards, requirements, or prohibitions under title IV of the CAA or the regulations promulgated thereunder are concerned; or (ii) The designated representative for any other purposes under this part.[85 FR 57398; 40 CFR 60.5430a (CFR 2021)]\"\n\n7. One of the following: (1) For a corporation: 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 a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities with an affected facility subject to this subpart and either: (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) The Administrator is notified of such delegation of authority prior to the exercise of that authority. The Administrator reserves the right to evaluate such delegation; (2) For a partnership (including but not limited to general partnerships, limited partnerships, and limited liability partnerships) or sole proprietorship: A general partner or the proprietor, respectively. If a general partner is a corporation, the provisions of paragraph (1) of this definition apply; (3) For a municipality, state, Federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or (4) For affected facilities: (i) The designated representative in so far as actions, standards, requirements, or prohibitions under title IV of the CAA or the regulations promulgated thereunder are concerned; or 4) The designated representative for any other purposes under this part.",
  "subject": "Water",
  "references": [
    "National Pollutant Discharge Elimination System (NPDES) Glossary",
    "40 CFR 72.2 (CFR 2013)",
    "40 CFR 97.302 (CFR 2013)",
    "40 CFR 97.702 (CFR 2013)",
    "85 FR 57398; 40 CFR 60.5430a (CFR 2021)",
    "EPA EV-Regulatory Activities-Regulatory Roles",
    "40 CFR 60.5430b (CFR 2024)"
  ],
  "url": "https://mlchart.com/terminology/environment/certifying-official/"
}