49-928

49-928. Availability of information to the
public

A. Any record, reports or information obtained from any person pursuant to this
chapter, including records, reports or information obtained or prepared by the director
or a department employee, shall be available to the public, except that the information
or a particular part of the information shall be considered confidential on either:

1. Notice from the person, accompanying the information, stating that the
information or a particular part of the information, if made public, would divulge the
trade secrets of the person as defined in section 49-201 or other information likely to
cause substantial harm to the person's competitive position.

2. A determination by the attorney general 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 title
in superior court.

B. If the director, on his own or following a request for disclosure, disagrees
with the confidentiality notice, he may request the attorney general to seek a court
order authorizing disclosure. If a court order is sought, the person shall be served
with a copy of the court filing and shall have twenty business days from the date of
service to request a hearing on whether a court order should be issued. The hearing
shall be conducted in camera, and any order resulting from the hearing is appealable as
provided by law. The director may not disclose the confidential information until a
court order authorizing disclosure has been obtained and becomes final. The court may
award costs of litigation including reasonable attorney and expert witness fees to the
prevailing party.

C. Notwithstanding subsection A of this section, the following information
obtained from any person pursuant to this chapter shall be available to the public:

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

2. The types and amounts of any hazardous wastes generated, stored, treated or
disposed.

3. The types and amounts of any toxic substances released to the environment.

D. Notwithstanding subsection A of this section, the director may disclose, with
accompanying confidentiality notice, any records, reports or information obtained from
any person under this article, including records, reports or information obtained by the
director or department employees, to:

1. Other state employees concerned with administering this chapter or if the
records, reports or information are relevant to any administrative or judicial proceeding
under this chapter.

2. Employees of the United States environmental protection agency if such
information is necessary or required to administer and implement or comply with federal
statutes or regulations.