N.H. Admin. Code § Env-C 214.12

Current through Register No. 45, November 7, 2024

Section Env-C 214.12 - Subscriber Agreement

(a) A reporter shall submit to the department a subscriber agreement to identify one or more signatories if:

(1) The reporter has not previously used the specific NHEDRS to be used; or

(2) A new or additional signatory is being designated.

(b) Each subscriber agreement shall:

(1) Be in writing; and

(2) Bear the handwritten signatures of the authorized official and of the signatory that have been notarized in accordance with RSA 456-B.

(c) The reporter shall provide the following information on the "Signatory Subscriber Agreement For CROMERR Compliance" dated August 2019, NHDES-C-05-002:

(1) The name, mailing address, and main telephone number including area code of the reporter;

(2) The name, title, daytime telephone number including area code, and email address of the authorized official;

(3) The name of the regulated site or activity, if other than the name provided pursuant to (1), above;

(4) The location of the regulated site or activity, if other than the mailing address provided pursuant to (1), above; and

(5) The name, title, daytime telephone number including area code, and email address of the signatory.

(d) The authorized official and signatory shall each sign and date the subscriber agreement.

(e) The signature of the authorized official required by (d), above, shall constitute certification that the authorized official:

(1) Understands that the subscriber agreement allows the signatory to submit electronic documents required by authorized NH programs on behalf of the reporter to the NHEDRS in lieu of paper submissions;

(2) Has read and understands the rules in Env-C 214 relative to transmitting electronic documents for CROMERR compliance;

(3) Affirms the individual identified as signatory is duly authorized to submit electronic documents on behalf of the reporter using the NHEDRS;

(4) Understands and agrees that the reporter and the authorized official will be legally bound, obligated, and held responsible by the signatory's use of the NHEDRS to the same extent as submitting a paper document bearing the authorized official's handwritten signature;

(5) Understands that the authorized official will have the opportunity to review each electronic document to be submitted, including any required certification statements, in a human-readable format and to prevent the filing of any electronic document that is untrue, incomplete, or misleading;

(6) Understands that the NHEDRS will automatically reject any electronic document submitted without a valid electronic signature if such signature is required, and that such rejection means that the required document has not been filed and the reporter will be subject to whatever penalties might apply to the failure to file;

(7) Agrees to notify the NHEDRS contact that the authorized official is no longer authorized to represent the reporter as soon as the authorization is revoked;

(8) Agrees to notify the NHEDRS contact that the signatory is no longer authorized to represent the reporter as soon as the authorization is revoked;

(9) Agrees to retain a copy of the fully executed subscriber agreement as long as the authorized official continues to represent the reporter; and

(10) Understands that transmitting an electronic document using the NHEDRS subjects the reporter and the authorized official to:

a.The same state or federal administrative, civil, criminal, or other penalties and remedies as apply to submitting incomplete, false, or misleading information in paper format;

b.Any applicable state or federal administrative, civil, criminal, or other penalties and remedies that apply to not complying with all requirements for using the NHEDRS; and

c.Criminal penalties for falsification in official matters, currently established in RSA 641.

(f) The signature of the signatory required by (d), above, shall constitute certification that the signatory:

(1) Understands that the subscriber agreement allows the signatory to submit electronic documents required by authorized NH programs on behalf of the reporter to the NHEDRS in lieu of paper submissions;

(2) Has read and understands the rules in Env-C 214 relative to transmitting electronic documents for CROMERR compliance;

(3) Has been authorized to submit electronic documents on behalf of the reporter using the NHEDRS;

(4) Understands that the reporter and the signatory will be legally bound, obligated, and held responsible by the signatory's use of the NHEDRS to the same extent as submitting a paper document bearing the signatory's handwritten signature;

(5) Will review each electronic document to be submitted in a human-readable format prior to transmitting the document and only transmit those electronic documents the signatory believes to be true, complete, and not misleading;

(6) Understands that the NHEDRS will automatically reject any electronic document submitted without a valid electronic signature if such signature is required, and that such rejection means that the required document has not been filed and the reporter will be subject to whatever penalties might apply to the failure to file;

(7) Understands that he or she will automatically receive an e-mail receipt from the NHEDRS for each submission that contains a valid electronic signature, which will identify the document received, the signatory, and the date and time of receipt;

(8) Will notify the NHEDRS contact if an e-mail receipt is not received as specified in (7), above, within 5 business days of transmitting any electronic document to the NHEDRS;

(9) Agrees to protect the signatory's unique electronic signature device from compromise and from use by anyone else, and specifically agrees to:

a.Maintain the secrecy of the signatory's access information;

b.Not divulge or delegate the signatory's access information to any other individual;

c.Not store the access information in an unprotected location; and

d.Not allow any access information to be written into computer scripts to achieve automated log-in;

(10) Agrees to notify the NHEDRS contact as soon as possible, but no later than 24 hours, after suspecting or determining that the signatory's access information has been lost, stolen, or otherwise compromised;

(11) Understands that the department may contact the authorized official identified on the subscriber agreement to verify the signatory's identity;

(12) Agrees to notify the NHEDRS contact that he or she is no longer authorized to act as a signatory as soon as the authorization is revoked;

(13) Agrees to retain a copy of the fully executed subscriber agreement as long as he or she continues to act as a signatory; and

(14) Understands that transmitting an electronic document using the EDRS subjects the signatory to:

a.The same state or federal administrative, civil, criminal, or other penalties and remedies as apply to submitting incomplete, false, or misleading information in paper format;

b.Any applicable state or federal administrative, civil, criminal, or other penalties and remedies that apply to not complying with all requirements for using the EDRS; and

c.Criminal penalties for falsification in official matters, currently established in RSA 641.

N.H. Admin. Code § Env-C 214.12

Derived from Volume XXXIX Number 41, Filed October 10, 2019, Proposed by #12880, Effective 9/30/2019, Expires 9/30/2029.