1. (a) All permit applications shall be signed by both the owner and operator of the medical waste facility as follows:

   1. (1) For a corporation: By a responsible corporate officer authorized to make management decisions which govern the operation of the regulated facility.
   2. (2) For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or
   3. (3) For a municipality, state, federal or other public agency: By either a principal executive officer or ranking elected official.

2. (b) All reports required by permits and other information requested by the enforcement agency shall be signed by a person described in subsection (a) of this section, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

   1. (1) The authorization is made in writing by a person described in subsection (a) of this section;
   2. (2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility, such as the position of plant manager, superintendent or position of equivalent responsibility (a duly authorized person may be a named individual or any individual occupying a named position); and
   3. (3) The written authorization is submitted to the enforcement agency.
3. (c) If an authorization under subsection (b) of this section 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 subsection (b) of this section shall be submitted to the enforcement agency prior to or together with any reports, information or applications to be signed by an authorized representative.

4. (d) Any person signing a document under subsection (a) or (b) of this section shall make the following certification:

   “I certify under penalty of perjury that this document and all attachments have been prepared under my direction and supervision in accordance with a system 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 directly responsible for gathering the information, the information 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.

   City:

   State:

   Date:

   Name:

   (Please print)

   Signature:

Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25072, 25098 and 25099.1, Health and Safety Code.

History

1. New section filed 10-15-91 as an emergency; operative 10-15-91 (Register 92, No. 7). A Certificate of Compliance must be transmitted to OAL 2-12-92 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 1-23-92 as an emergency; operative 2-12-92 (Register 92, No. 15). A Certificate of Compliance must be transmitted to OAL 6-11-92 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 1-23-92 order including amendment of subsections (a), (b), (b)(3), (c) and (d) transmitted to OAL 6-2-92 and filed 7-14-92 (Register 92, No. 29).

4. Editorial correction of History 2 (Register 95, No. 47).