The Memorandum under the heading, E-Signature on Consent Orders, Executive, or other Compliance Agreements states, “The e-signature must capture the date and time of signature, the unique identity of the individual who signed the document and their intent to sign…”

Additionally, the Memorandum under the heading General Submittals and Internal Documents states, “E-signatures on response letters…reports, etc. not requiring certification…may: ? Have an alternative placement of an electronic signature, be it placed or dropped, or practical alternative (i.e. insert jpg, scanned in, etc.):”

The difference in E-signature requirements between the two sections of the Memorandum stated above creates some confusion when applying this guidance to the General VPDES Permit for Discharges of Stormwater from Construction Activities (Virginia GP). 

Part II.G.4.j of the Virginia GP requires an inspection report to have: “The date and signature of the qualified  personnel and the operator or its duly authorized representative.”  Therefore, it would seem that the Virginia GP inspection reports E-signature would be covered under the Memorandum’s heading General Submittals and Internal Documents. 

However, in the Virginia GP:

• Part II.G.6 states, “Where an inspection report does not identify any incidents of noncompliance, the report shall contain a certification that the construction activity is in compliance with the SWPPP and this General Permit.  The report shall be signed in accordance with Part III K of this general permit.”; and,
• Part III.K.4 states, “Certification. Any person signing a document under Part III K 1 [Registration statement] or 2 [Reports and other information] shall make the following certification…”

Clearly, Part II.G of the Virginia GP requires the inspection report to be signed and certified which seems in contrast to the Memorandum’s  header General Submittals and Internal Document that states “…reports, etc. not requiring certification…”

It is recommended that DEQ’s E-Signature Guidance Memorandum be modified to clearly state the e-signature requirements that would apply to reports that require certification in accordance with the Virginia GP.