§128D-12  Confidentiality of
information.  (a)  Any record, report, or information obtained from any
persons under section 128D-4(a) and (b) shall be available to the public,
except as provided in subsection (b).



(b)  Upon a showing satisfactory to the department
that public disclosure of records, reports, or information, or a particular
part thereof, obtained by the department, its personnel or contractors pursuant
to this chapter, would divulge commercial or financial information entitled to
protection under state or federal law, the department shall consider such
information to be confidential and not a public record open to disclosure.



(c)  No records, reports, or information for
which confidentiality is claimed by the person from whom they are obtained
shall be disclosed until such person has received reasonable notice under the
procedures set forth in 40 Code of Federal Regulations Part 2, Section 2.201 et
seq. and has had the opportunity to demonstrate why these should not be
disclosed, including a reasonable opportunity to obtain judicial relief.  In
any such proceeding, confidentiality shall be accorded to any documents which
satisfy the criteria set forth in 40 Code of Federal Regulations Part 2 or any
rules adopted by the department.



(d)  No confidential information, obtained
pursuant to this chapter by any official or employee of the department within
the scope and cause of this official's or employee's employment in the
prevention, control, or cleanup of releases of hazardous substances or pollutants
or contaminants into the environment, shall be disclosed by the official or
employee with the following exception:  the document or information may be
disclosed to officers, employees, or authorized representatives of the State or
of the United States, including local government entities, who have been
charged with carrying out this chapter, including a cost recovery or an
enforcement action, or to comply with any state law, CERCLA, or the Clean Water
Act, or when relevant in any proceeding under this chapter.  Persons receiving
information pursuant to this subsection shall maintain the confidentiality of
the information which is provided in this section to the maximum extent allowed
by law. [L 1990, c 298, pt of §17; am L 1991, c 280, §13]