A true and correct copy of an electronic document received by an electronic document receiving system, which copy can be viewed in a human-readable format that clearly and accurately associates all the information provided in the electronic document with descriptions or labeling of the information. A copy of record includes:
Any information in digital form that is conveyed to an agency or third-party, where "information" may include data, text, sounds, codes, computer programs, software, or databases. "Data," in this context, refers to a delimited set of data elements, each of which consists of a content or value together with an understanding of what the content or value means; where the electronic document includes data, this understanding of what the data element content or value means must be explicitly included in the electronic document itself or else be readily available to the electronic document recipient.
Any set of apparatus, procedures, software, records, or documentation used to receive electronic documents.
Any information in digital form that is included in or logically associated with an electronic document for the purpose of expressing the same meaning and intention as would a handwritten signature if affixed to an equivalent paper document with the same reference to the same content. The electronic document bears or has on it an electronic signature where it includes or has logically associated with it such information.
An agreement signed by an individual with respect to an electronic signature device that the individual will use to create his or her electronic signatures requiring such individual to protect the electronic signature device from compromise; to promptly report to the agency or agencies relying on the electronic signatures created any evidence discovered that the device has been compromised; and to be held as legally bound, obligated, or responsible by the electronic signatures created as by a handwritten signature.
A code or other mechanism that is used to create electronic signatures. Where the device is used to create an individual's electronic signature, then the code or mechanism must be unique to that individual at the time the signature is created and they must be uniquely entitled to use it. The device is compromised if the code or mechanism is available for use by any other person.
The scripted name or legal mark of an individual, handwritten by that individual with a marking- or writing-instrument such as a pen or stylus and executed or adopted with the present intention to authenticate a writing in a permanent form, where "a writing" means any intentional recording of words in a visual form, whether in the form of handwriting, printing, typewriting, or any other tangible form. The physical instance of the scripted name or mark so created constitutes the handwritten signature. The scripted name or legal mark, while conventionally applied to paper, may also be applied to other media.
An electronic signature on an electronic document that has been created with an electronic signature device that the identified signatory is uniquely entitled to use for signing that document, where this device has not been compromised, and where the signatory is an individual who is authorized to sign the document by virtue of his or her legal status and/or his or her relationship to the entity on whose behalf the signature is executed.
(Ord. No. 6457, 5/15/2023)
Beginning on the effective date of the Industrial Pretreatment Code, and if authorized by the City, reports and notifications required by SIUs under the Industrial Pretreatment Code shall be electronically submitted to the City. All electronic documents shall be submitted by the designated electronic document receiving systems and verified with a valid electronic signature to develop a copy of record.
(Ord. No. 6457, 5/15/2023)
(1)
A person is subject to any applicable federal civil, criminal, or other penalties or remedies for failure to comply with a reporting requirement if the person submits an electronic document to the City and fails to comply with the applicable provisions for electronic reporting.
(2)
Where an electronic document submitted to the City bears an electronic signature, the electronic signature legally binds, obligates, and makes the signatory responsible, to the same extent as the signatory's handwritten signature would on a paper document submitted to the City.
(3)
Proof that a particular signature device was used to create an electronic signature will suffice to establish that the individual uniquely entitled to use the device did so with the intent to sign the electronic document and give it effect.
(4)
Nothing in this section limits the use of electronic documents or information derived from electronic documents as evidence in enforcement or other proceedings.
(Ord. No. 6457, 5/15/2023)
Non-SIU users who are not subject to mandatory electronic reporting may choose to provide reports and notifications electronically, and may do so only by in accordance with the requirements set out in this article.
(Ord. No. 6457, 5/15/2023)