49-1012. Confidentiality of records
A. Records or other information furnished to or obtained by the director concerning
regulated substances are available to the public, except that any records and information
which relate to the trade secrets, processes, operations, style of work or apparatus or
confidential statistical data, amount or source of any income, profits, losses or
expenditures of any person are only for the confidential use of the department in the
administration of this chapter unless the owner or operator expressly agrees to their
publication or availability to the public. This section does not prohibit the
appropriate governmental agency from publishing quantitative and qualitative statistics
pertaining to the storage of regulated substances. Notwithstanding provisions to the
contrary in this section, information regarding the nature and quality of releases from
underground storage tanks otherwise reportable pursuant to this chapter shall be
available to the public.
B. This section does not prohibit the department from providing confidential
information to a duly authorized congressional committee or the United States
environmental protection agency if the information is treated as prescribed by 40 Code of
Federal Regulations part 2.
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