Section 310.631  Signatory Requirements for Industrial User Reports

The reports required by Sections 310.602, 310.604, and 310.605 must include the certification statement as set forth in Section 310.221(b)(2) and must be signed as follows:  

a)         By a responsible corporate officer, if the industrial user submitting the reports required in Sections 310.602, 310.604, and 310.605 is a corporation.  For this Section, a responsible corporate officer means one of the following:  

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

2)         The manager of one or more manufacturing, production, or operating facilities if, the manager is authorized to make management decisions that 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 control mechanism requirements; and authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

b)         A general partner or proprietor, if the industrial user submitting the report required by Sections 310.602, 310.604, and 310.605 is a partnership or sole proprietorship, respectively.

c)         A duly authorized representative of the individual designated in subsection (a) or (b), if:

1)         The authorization is made in writing by the individual described in subsection (a) or (b);

2)         The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, well field superintendent, or a position of equivalent responsibility or having overall responsibility for environmental matters for the company; and

3)         The written authorization is submitted to the Control Authority.

d)         If an authorization under subsection (c) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subsection (c) must be submitted to the Control Authority prior to or together with any reports to be signed by an authorized representative.

BOARD NOTE:  Derived from 40 CFR 403.12(l) (2005), as amended at 70 Fed. Reg. 60134 (Oct. 14, 2005).

(Source:  Amended at 47 Ill. Reg. 5083, effective March 23, 2023)