AGO 1996-102.

• Case Date: January 18, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-102. 1996-102January 18, 1996Honorable James W. Warr Acting Director Alabama Department of Environmental Management P. O. Box 301463 Montgomery, Alabama 36130-1463 Department of Environmental Management - Licenses and Permits - Limited Liability Company - Signatures The manager of an Alabama Limited Liability Company may sign a Water Pollution Control Permit Application on behalf of the company.Dear Mr. Warr: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Does the Alabama Water Pollution Control Act, Code of Alabama 1975, _ 22-22-1, et. seq., or the Alabama Environmental Management Act, Code of Alabama 1975, _ 22-22A-1, et seq., preclude a regulatory interpretation authorizing the manager of an Alabama Limited Liability Company to sign a Water Pollution Control Permit Application on behalf of the company? FACTS AND ANALYSIS Your request presents the following additional facts: ADEM's regulations implementing the Alabama Water Pollution Act establish that, in the case of a corporation, the application must be signed by a responsible corporate officer and, in the case of a partnership, the application must be signed by a partner. Limited Liability Companies did not exist when these regulations were promulgated, nor did Limited Liability Companies exist when the Alabama Water Pollution Act was adopted. Code of Alabama 1975, _ 10-12-21(b)(2), entitled "Agency Power of Members and Managers" provides that: "Every manager is an agent of the Limited Liability Company for the purpose of its business or affairs, and the act of any manager, including, but not limited to, the execution in the name of the Limited Liability Company of any instrument, for apparently carrying on in the usual way the business or affairs of the...