49-487

49-487. Classification and reporting;
confidentiality of records

A. The board of supervisors by rules which are equal to or more restrictive than
those adopted by the director of environmental quality shall classify air contaminant
sources according to levels and types of emissions and other characteristics which relate
to air pollution, and shall require reporting for any such class or classes. Reports may
be required as to physical outlets, processes and fuels used, the nature and duration of
emissions and such other information as is relevant to air pollution and deemed necessary
by the board.

B. The owner, lessee, or operator of a potential air contaminant source shall
provide, install, maintain, and operate such air contaminant monitoring devices as are
reasonable and required to determine compliance in a manner acceptable to the control
officer, and shall supply monitoring information as directed in writing by the control
officer. Such devices shall be available for inspection by the control officer during
all reasonable times.

C. Any records, reports or information obtained from any person under this chapter,
including records, reports or information obtained or prepared by the control officer or
a county employee, shall be available to the public, except that the information or any
part of the information shall be considered confidential on either of the following:

1. A showing, satisfactory to the control officer, by any person that the
information or a part of the information if made public would divulge the trade secrets
of the person.

2. A determination by the county attorney that disclosure of the information or a
particular part of the information would be detrimental to an ongoing criminal
investigation or to an ongoing or contemplated civil enforcement action under this
chapter in superior court.

D. Notwithstanding subsection C of this section, the following information shall be
available to the public:

1. The name and address of any permit applicant or permittee.

2. The chemical constituents, concentrations and amounts of any emission of any air
contaminant.

3. The existence or level of a concentration of an air pollutant in the
environment.