eDEC Online Electronic Signature Agreement (ESA) Language 9/25/2006

1. RECITALS. The intent of this Electronic Signature Agreement (ESA or Agreement) is to create legally binding obligations upon the person (Certifier) using the specified data transmission protocols and the eDEC Permitting System, the entity seeking permit coverage (or an exclusion therefrom) or seeking to submit reports under the terms of a previously issued permit (Applicant) and the Department of Environmental Conservation (DEC or Department). The Certifier is the legal agent of the Applicant for purposes of this ESA and the eDEC Permitting System, with full authority to legally bind the Applicant. As used herein and as used in the eDEC Permitting System, the term ”Applicant“ is deemed to include the term ”Certifier.“ It is likewise the intent of this ESA to ensure that the Applicant agrees to:

(i) Maintain the confidentiality and protect the electronic signature process from unauthorized use, and follow any procedures specified by the DEC for this purpose;

(ii) Be held as legally bound, obligated, or responsible by use of the electronic signature process as by a hand-written signature, and;

(iii) That the Applicant will be legally bound by the electronic signature of the Certifier, as that term is used herein and in the eDEC Permitting System.

2. DEFINITIONS. Whenever used in this Agreement or any documents incorporated into this Agreement by reference, the following terms shall be defined as follows:
• Electronic Signature Process: At the point of completing the electronic transmission process, the signatory has registered with eDEC including providing a valid access code identification number, and subsequently logged in thereby authenticating the signatory. This action combined with annotating a checkbox related to this ESA constitutes acceptance of the ESA. The act of typing the signatory‘s full legal name completes the Electronic Signature Process.
• Writing: Any document properly transmitted pursuant to this Agreement shall be considered to be a writing or in writing.
• Transmission: Electronically transmitted.
• Certifier: The Certifier is the legal agent of the Applicant for purposes of this ESA and the eDEC Permitting System, with full authority to legally bind the Applicant.
• Applicant: The Applicant is the entity seeking permit coverage (or an exclusion therefrom) or seeking to submit reports under the terms of a previously issued permit. As used herein, the term “Applicant” includes the term “Certifier,” and both the Applicant and the Certifier are legally bound by any electronic signature of the Certifier.

3. VALIDITY AND ENFORCEABILITY.
• This Agreement has been created by DEC and executed by the Applicant intending to use the eDEC system, to evidence their mutual intent to follow DEC procedures to create binding regulatory reporting documents using electronic transmission and receipt of such records consistent with the provisions of 9 V.S.A. Chapter 20. Applicant acknowledges that it is aware that it could send its regulatory documents to DEC in a non-electronic form. Applicant’s assent to be bound to the terms of the ESA shall be evidenced by execution of the electronic signature provided for this Agreement by the Applicant’s Certifier. Acceptance and execution of this Agreement by the DEC shall be evidenced by acceptance of the forms or information submitted through the eDEC Permitting System.
• Consistent with 9 V.S.A. Chapter 20, electronic signatures under this agreement shall have the same force and effect as a written signature. • Acceptance of this ESA will be required for each separate certification action in eDEC. Acceptance by the Applicant does not obligate the Applicant to use the eDEC Permitting System for other permits or actions in the future, except as they relate to the specific submitted application. Upon request, the Applicant may receive a paper copy of an electronic record subject to this ESA without cost. The Applicant may withdraw consent to this Agreement prior to acceptance by DEC of the electronic submission by the Certifier. Upon withdrawal of consent, Applicant may receive a copy of any electronic record subject to this ESA upon request without fee. Withdrawal of consent may be made without condition or consequence. However, withdrawal does not relieve or lessen the legal obligations and duties of Applicant under applicable law and regulation. Applicant shall communicate any withdrawal of consent or update information on how to contact Applicant electronically by contacting the UST program in writing. In order to access and retain electronic records under this ESA, Applicant will need to provide their own computer with internet access and a recent version of web browser software.

4. RECEIPT. A Document shall be deemed to have been received by the DEC when it is accessible by the DEC, can be fully processed by the translator at the eDEC server, and is syntactically correct to the specified electronic transfer protocol as may be modified from time to time by DEC. No Document shall satisfy any reporting requirement or be of any legal effect until it is received.

5. VERIFICATION. Upon receipt of a Document, the eDEC shall process the Document to make it accessible to the DEC and the Applicant. The Applicant is responsible for the content of each transmission, in accordance with the associated certification statement, and for reviewing the accuracy of the processed document information and as made available by the eDEC. 6. SIGNATURE. The Applicant shall adopt as its electronic signature the specified electronic signature process following acceptance of this ESA. The Applicant agrees that any such Signature affixed to or associated with any transmitted Document shall be sufficient to verify such party originated and possessed the requisite authority both to originate the transaction and to verify the accuracy of the content, in the format of the specified eDEC transmission protocol or otherwise, at the time of transmittal. The Applicant also expressly agrees that each report it submits by using this electronic signature process constitutes its agreement with any associated certification statement.

7. TRANSMISSION PROTOCOLS. All Reports transmitted between the parties shall adhere to the Protocol(s) established by the DEC for files to be received by eDEC and in affect at the time of a transaction. The Department may modify such Protocol(s), as may be necessary, to promote or continue usability of the eDEC. The Department shall make available any such Protocol(s), changes to Protocols, or related implementation guidelines for reporting using eDEC.

8. SECURITY. The party shall take reasonable actions to implement and maintain security procedures necessary to ensure the Quality of transmissions against the risk of unauthorized access, alteration, loss or destruction including, but not limited to: protecting the secrecy of passwords and electronic signatures and transmitting only files in an acceptable protocol.