Section 611.105 Electronic Reporting

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER I: POLLUTION CONTROL BOARD

PART 611 PRIMARY DRINKING WATER STANDARDS

SECTION 611.105 ELECTRONIC REPORTING

Section

611.105  Electronic Reporting

Submitting any document to comply with this Part as an

electronic document in lieu of a paper document must comply with this Section.

a)         Scope

and Applicability

1)         The

USEPA, the Board, or the Agency may provide for submitting electronic documents

in lieu of paper documents.  This Section does not require the submission of

electronic documents in lieu of paper documents.  This Section provides for submitting

an electronic version of any document the supplier must submit to USEPA or the

Agency under certain rules:

A)        To

USEPA directly under Title 40 of the Code of Federal Regulations; or

B)        To the

Board or the Agency under any provision of 35 Ill. Adm. Code 611.

2)         A

supplier may only submit an electronic document under specific circumstances:

A)        For submitting

documents to USEPA, a supplier may submit an electronic document only after

USEPA publishes a Federal Register notice that USEPA will receive the specific

document or type of document in an electronic format; or

B)        For submitting documents to the State, a

supplier may submit an electronic document only after the Board or the Agency begins

using an electronic document receiving system that USEPA approves under 40 CFR

3.1000, so long as the system complies with 40 CFR 3.2000, incorporated by

reference in Section 611.102(c), and USEPA does not withdraw its approval in

writing

lectronic format; or

B)        For submitting documents to the State, a

supplier may submit an electronic document only after the Board or the Agency begins

using an electronic document receiving system that USEPA approves under 40 CFR

3.1000, so long as the system complies with 40 CFR 3.2000, incorporated by

reference in Section 611.102(c), and USEPA does not withdraw its approval in

writing.

3)         This

Section does not apply to specific documents, whether or not the supplier submits

the document to satisfy the requirements cited in subsection (a)(1):

A)        Any

document the supplier submits via facsimile;

B)        Any

document the supplier submits via magnetic or optical media, such as a diskette,

compact disc, digital video disc, or tape; or

C)        Any

data transfer between USEPA, any state, or any local government and the Board

or the Agency as part of administrative arrangements to share data.

4)         Upon

USEPA conferring written approval for submitting any types of documents as

electronic documents in lieu of paper documents, as described in subsection

(a)(2)(B), the Agency or the Board, as appropriate, must publish a Notice of

Public Information in the Illinois Register that describes the documents

approved for submission as electronic documents, the USEPA-approved electronic

document receiving system for receiving them, the acceptable formats and

procedures for their submission, and, as applicable, the date on which the

Board or the Agency will begin to receive those submissions.  If the USEPA withdraws

approval for receiving any type of document as an electronic document in lieu

of a paper document, the Board or the Agency must similarly cause publication

of a Notice of Public Information in the

Illinois Register

.

BOARD NOTE:  Subsection (a) derives

from 40 CFR 3.1, 3.2, 3.10, 3.20, and 3.1000.

b)         Definitions.

For the purposes of this Section, terms have the meanings 40 CFR 3.3,

incorporated by reference in 35 Ill. Adm

ment as an electronic document in lieu

of a paper document, the Board or the Agency must similarly cause publication

of a Notice of Public Information in the

Illinois Register

.

BOARD NOTE:  Subsection (a) derives

from 40 CFR 3.1, 3.2, 3.10, 3.20, and 3.1000.

b)         Definitions.

For the purposes of this Section, terms have the meanings 40 CFR 3.3,

incorporated by reference in 35 Ill. Adm. Code 611.102(c), attributes them.

c)         Procedures

for Submitting Electronic Documents to USEPA in Lieu of Paper Documents.

Except as provided in subsection (a)(3), any person Title 40 of the Code of

Federal Regulations requires to create and submit or otherwise provide a

document to USEPA may satisfy this requirement with an electronic document in

lieu of a paper document upon meeting certain conditions:

1)         The

person satisfies the requirements of 40 CFR 3.10, incorporated by reference in

Section 611.102(c); and

2)         USEPA

first publishes a notice in the Federal Register, as subsection (a)(2)(A)

describes.

BOARD NOTE:  Subsection (c) derives

from 40 CFR 3.2(a) and subpart B of 40 CFR 3.

d)        Procedures

for Submitting Electronic Documents to the Board or the Agency in Lieu of Paper

Documents

1)         The

Board or the Agency may establish procedural rules for electronically submitting

documents.  The Board or the Agency must establish any rules under the

Administrative Procedure Act [5 ILCS 100/5].

2)         The

Board or the Agency may accept electronic documents under this Section only as

subsection (a)(2)(B) provides.

BOARD NOTE:  Subsection (d) derives

from 40 CFR 3.2(b) and subpart D of 40 CFR 3.

e)         Effects

of Submitting an Electronic Document in Lieu of a Paper Document

1)         A

person failing to comply with this Section when electronically submitting a

document is subject to the penalties prescribed for failing to comply with the

requirement to file that document

section (a)(2)(B) provides.

BOARD NOTE:  Subsection (d) derives

from 40 CFR 3.2(b) and subpart D of 40 CFR 3.

e)         Effects

of Submitting an Electronic Document in Lieu of a Paper Document

1)         A

person failing to comply with this Section when electronically submitting a

document is subject to the penalties prescribed for failing to comply with the

requirement to file that document.

2)         The

electronic signature on a document a person files electronically to satisfy a

reporting requirement legally binds, obligates, and makes the signer

responsible to the same extent as would the filer's filing a paper document

bearing the signer's handwritten signature.

3)         Proof

that the signer used a particular signature device to create an electronic

signature establishes that the individual uniquely entitled to use the device

did so intending to sign the electronic document and give it effect.

4)         Nothing

in this Section limits using  electronic documents or information derived from

electronic documents as evidence in enforcement or other proceedings.

BOARD NOTE:  Subsection (e) derives

from 40 CFR 3.4 and 3.2000(c).

f)         Public

Document Subject to State Laws.  Any electronic document a person files with

the Board is a public document.  The document, its submission, its retention by

the Board, and its availability for public inspection and copying are subject

to various State laws:

1)         The

Administrative Procedure Act [5 ILCS 100];

2)         The

Freedom of Information Act [5 ILCS 140];

3)         The

State Records Act [5 ILCS 160];

4)         The

Electronic Commerce Security Act [5 ILCS 175];

5)         The

Environmental Protection Act;

6)         Regulations

relating to public access to Board records (2 Ill. Adm. Code 2175); and

7)         Board

procedural rules relating to protection of trade secrets and confidential

information (35 Ill. Adm. Code 130)

Act [5 ILCS 140];

3)         The

State Records Act [5 ILCS 160];

4)         The

Electronic Commerce Security Act [5 ILCS 175];

5)         The

Environmental Protection Act;

6)         Regulations

relating to public access to Board records (2 Ill. Adm. Code 2175); and

7)         Board

procedural rules relating to protection of trade secrets and confidential

information (35 Ill. Adm. Code 130).

g)         Nothing

in this Section or any rule adopted under subsection (d)(1) creates any right

or privilege to electronically submit any document.

BOARD NOTE:  Subsection (g) derives

from 40 CFR 3.2(c).

BOARD NOTE:  This Section derives

from 40 CFR 3 and 142.10(g).