New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 2 - CO[2] AUTHORIZED ACCOUNT REPRESENTATIVE OF A CO[2] BUDGET SOURCE › Section 7:27C-2.1 - Authorization and responsibilities of the CO[2] authorized account representative for a compliance account

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided under N.J.A.C. 7:27C-2.2, each CO[2] Budget source, including all CO[2] Budget units at the source, shall have one and only one CO[2] authorized account representative, with regard to all matters regulated by this chapter concerning the source or any CO[2] Budget unit at the source.
(b) The CO[2] authorized account representative shall be selected pursuant to an agreement binding on the owners and operators of the source and all CO[2] Budget units at the source and shall act in accordance with the certificate of representation under N.J.A.C. 7:27C-2.4.
(c) If the CO[2] Budget source is also subject to the Acid Rain Program, the CSAPR NO[x] Annual Trading Program, the CSAPR NO[x] Ozone Season Trading Program, or the CSAPR SO[2] Group 1 or Group 2 Trading Program, then the CO[2] authorized account representative shall be the same as the designated representative for the aforementioned programs.
(d) Upon receipt by the Department of a complete account certificate of representation under N.J.A.C. 7:27C-2.4, the CO[2] authorized account representative shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the CO[2] Budget source represented and each CO[2] Budget unit at the source in all matters pertaining to the CO[2] Budget Trading Program, notwithstanding any agreement between the CO[2] authorized account representative and such owner and operator. The owners and operators shall be bound by any decision or order regarding the source or unit issued to the CO[2] authorized account representative by the Department or a court of competent jurisdiction regarding the source or unit.
(e) The Department will issue an operating permit that incorporates the requirements of the CO[2] Budget Trading Program pursuant to N.J.A.C. 7:27C-1.4 and otherwise complies with N.J.A.C. 7:27-22 and establish a COATS account for a CO[2] Budget source only after it has received a complete account certificate of representation that complies with N.J.A.C. 7:27C-2.4for a CO[2] authorized account representative of the CO[2] Budget source and the CO[2] Budget units at the source.
(f) Each submission under the CO[2] Budget Trading Program shall be submitted, signed, and certified by the CO[2] authorized account representative for each CO[2] Budget source on behalf of which the submission is made. Each such submission shall include the following certification by the CO[2] authorized account representative: "I am authorized to make this submission on behalf of the owners and operators of the CO[2] Budget sources or CO[2] Budget units for which the submission is made. 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."
(g) The Department will accept or act on a submission made on behalf of the owner or operator of a CO[2] Budget source or a CO[2] Budget unit only if the submission has been made, signed, and certified in accordance with (f) above.