(1) The Department shall accept or act on a submission made on behalf of owners and operators of an Acid Rain source and an Acid Rain unit only if the submission has been made, signed, and certified in accordance with the provisions of this section.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

    (2) The designated representative shall submit to the Department a copy of the Certificate of Representation submitted to EPA pursuant to 40 C.F.R. § 72 subpart B, adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800
    (3) The designated representative shall sign and certify each submission with the following:
    (a) “”I am authorized to make this submission on behalf of the owners and operators of the Acid Rain source or Acid Rain units for which the submission is made.””
    (b) “”I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.””
    (4) The Department shall make no determination concerning any private legal dispute related to authorization of any designated representative or any private legal disputes concerning the proceeds of allowance transfers. The Department shall not stay any submission or the effect of any action of the designated representative based upon any communication or objection concerning the authorization of the designated representative to make any submission, to take any action or to determine not to take action.
    (5) The designated representative shall certify that each unit for which any initial Acid Rain Part application is submitted shall be operated and the source containing the unit shall be operated in compliance with all the terms and conditions of the application until the Department takes final action on the application.
    (6) The designated representative shall serve notice on each owner and operator of any Acid Rain unit of each Acid Rain Program submittal made by the designated representative and of each EPA or Department determination received by the designated representative, provided that the submittal or determination covers the source or the unit and provided that the owner or operator has not waived the right to receive the copy. The timing of such notice shall be:
    (a) For submittals, the date submitted;
    (b) For determinations, within 10 business days of receipt;
Rulemaking Authority 403.061, 403.087, 403.0872, 403.8055 FS. Law Implemented 403.061, 403.0872 FS. History-New 1-3-95, Amended 12-10-97.