Part 1 Navigating the TPDES Multi Sector Permit: Unraveling Signatory Authority and Delegated Signatory
In this series we are going to cover the six fatal flaws commonly found during an industrial stormwater inspection. Hopefully, the series will allow EHS and Industrial professionals some insightful knowledge that will reduce their facility’s risk of non-compliance or enforcement actions.
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Navigating the TPDES Multi Sector Permit: Unraveling Signatory Authority and Delegated Signatory
Table of Contents
Alright, fellow industry professionals do you have the proper signatory documentation for your Industrial Stormwater Pollution Prevention Plan? Have you completed a Delegated Signatory form? Ultimately, do you know if you are appropriately signing off on the various SWPPP and record-keeping documents for your facility?
Understanding and implementing the appropriate use of a “Signatory Authority” and a “Delegated Signatory” will significantly impact a facility’s compliance with its Multi-Sector General Permit.
Understanding the TPDES Multi Sector Permit
Most industrial professionals are familiar with the wide range of OHSA regulations which help to maintain product quality, worker safety and corporate responsibility. Think about the Multi-Sector General Permit and its stormwater regulations as protections for the local environment and community.
Stormwater regulations provide protection for waterways, habitats, recreational activities and eventually our drinking water. The Multi-Sector General Permit covers a wide range of industries, including manufacturing, transportation, construction, and more. Compliance is vital to protect Texas and other water bodies from pollutants and ensure sustainable industrial practices.
TCEQ identifies two different types of Signatories under Title 30, Texas Administrative Code (30 TAC), Section 305.44.
Signatory Authority: Requirements and Importance
Generally, CEOs, Presidents, and responsible Executives are the only personnel that are allowed to sign for the Notice of Intent (NOI), Notice of Change (NOC), or Notice of Termination (NOT). There are few alternatives to the acceptable signatory authority depending on the type on entity that is permitted.
Signatory Authorities must have the legal authority to bind the organization. And though they may not be involved in the regular maintenance of the SWPPP or Multi-Sector regulations, signing the NOI legally binds their facility and staff to follow the permit to the fullest. Signatory Authorities have the responsibility of ensuring that qualified personnel are fully supported in the implementation of Multi-Sector permit and facility SWPPP.
Delegated Signatory: Streamlining Compliance Tasks
Duly Authorized Representatives – “The SWPPP Manager”
It would be a hassle to have every inspection report, investigation or certificate to be sent to the corporate CEO for signature. With this in mind TCEQ created a secondary designation to allow the staff, that are directly connected with maintaining the facility SWPPP, the ability to sign for routine records and reports.
“The SWPPP Manager” can sign off on the Stormwater Pollution Prevention Plan, Annual Comprehensive Site Reports, Certificates and other record-keeping items required for the SWPPP.
Signatory Authority are required to complete a Delegation Signatories application on the STEERS portal and to keep a copy of the record in the SWPPP at all times. Generally, only one Duly Authorized Representative is selected at a time. It would be best for this to be the lead team member on the Pollution Prevention Team as they will need to review and sign off of most record and inspection reports.
Take Away:
1. Signatory Authority – CEO or Executive
2. Duly Authorized Representative – EHS Manager, Facility Manager etc.
3. Complete the Delegation Signatories application on the STEERS
4. Keep a copy of the Signatory Authority and Duly Authorized Representative documents in the SWPPP
5. Ensure the Duly Authorized Representative is qualified and knowledgeable representative, empowered by the organization’s signatory authority, to handle specific permit responsibilities.
