2016 Indiana Code TITLE 13. ENVIRONMENT ARTICLE 14. POWERS AND DUTIES OF DEPARTMENT OF ENVIRONMENTAL MANAGEMENT AND BOARDS CHAPTER 13. ELECTRONIC APPLICATIONS AND REPORTS
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IC 13-14-13
Chapter 13. Electronic Applications and Reports
IC 13-14-13-1
Applicability
Sec. 1. This chapter applies to the use of an electronic submission
for any of the following:
(1) Satisfaction of a state or federal requirement for reporting
to the department.
(2) Satisfaction of the requirements for an application to the
department.
(3) Submission to the department of any other substitute for a
paper document.
As added by P.L.114-2008, SEC.8.
IC 13-14-13-2
Department may require electronic submissions; exception;
acceptable submissions
Sec. 2. (a) If a person is required to submit information or a
document to the department, the department may require the person
to submit the information or document electronically. However, the
department may not require a person to submit information or a
document to the department electronically if the person demonstrates
to the department that being required to submit the information or
document electronically will constitute an undue hardship or burden
for the person.
(b) The department may accept an electronic submission of
information only if the submission meets the following:
(1) Requirements of cross-media electronic reporting under 40
CFR 3.
(2) Procedures established by the department to accept
electronic information.
As added by P.L.114-2008, SEC.8. Amended by P.L.159-2011,
SEC.17; P.L.147-2015, SEC.4.
IC 13-14-13-3
Repealed
(As added by P.L.114-2008, SEC.8. Repealed by P.L.147-2015,
SEC.5.)
IC 13-14-13-4
Department adoption of procedures for electronic signatures on
electronic documents
Sec. 4. (a) The department may adopt procedures that are
consistent with federal law for compliance with this chapter to allow
an applicant to submit an electronic document bearing the valid
electronic signature of a signatory if that signatory would otherwise
be required to sign the paper document for which the electronic
Indiana Code 2016
document substitutes.
(b) The procedures adopted under subsection (a) may provide for
electronic signature standards that are consistent with 40 CFR 3.
As added by P.L.114-2008, SEC.8. Amended by P.L.159-2011,
SEC.18.
IC 13-14-13-5
Electronic signature requirements; repudiation of electronic
signature not permitted
Sec. 5. Information submitted in an acceptable electronic
document under a procedure adopted under section 4 of this chapter
must have a signature uniquely assigned. The receiving system for
the document must be able to attribute the signature to a specific
individual. If an electronic document is submitted under an assigned
signature, the signatory may not repudiate responsibility for the
signature.
As added by P.L.114-2008, SEC.8.
IC 13-14-13-6
Civil, criminal, and other penalties
Sec. 6. A person is subject to applicable state or federal civil,
criminal, or other penalties and remedies for failure to comply with
a reporting requirement if the person submits an electronic document
that:
(1) is in place of a paper document under this chapter; and
(2) fails to comply with the following:
(A) Requirements of cross-media electronic reporting under
40 CFR 3.
(B) Procedures established by the department to accept
electronic information.
As added by P.L.114-2008, SEC.8. Amended by P.L.159-2011,
SEC.19.
IC 13-14-13-7
Criminal penalties applicable to information provided in both
electronic and other forms
Sec. 7. A person submitting information using an assigned
signature is liable under IC 13-30-10 for the information provided
and subject to penalties under that chapter, regardless of whether the
information submitted is in electronic form or other form.
As added by P.L.114-2008, SEC.8.
Indiana Code 2016
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