§128D-12  Confidentiality ofinformation.  (a)  Any record, report, or information obtained from anypersons 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 departmentthat public disclosure of records, reports, or information, or a particularpart thereof, obtained by the department, its personnel or contractors pursuantto this chapter, would divulge commercial or financial information entitled toprotection under state or federal law, the department shall consider suchinformation to be confidential and not a public record open to disclosure.

(c)  No records, reports, or information forwhich confidentiality is claimed by the person from whom they are obtainedshall be disclosed until such person has received reasonable notice under theprocedures set forth in 40 Code of Federal Regulations Part 2, Section 2.201 etseq. and has had the opportunity to demonstrate why these should not bedisclosed, including a reasonable opportunity to obtain judicial relief.  Inany such proceeding, confidentiality shall be accorded to any documents whichsatisfy the criteria set forth in 40 Code of Federal Regulations Part 2 or anyrules adopted by the department.

(d)  No confidential information, obtainedpursuant to this chapter by any official or employee of the department withinthe scope and cause of this official's or employee's employment in theprevention, control, or cleanup of releases of hazardous substances or pollutantsor contaminants into the environment, shall be disclosed by the official oremployee with the following exception:  the document or information may bedisclosed to officers, employees, or authorized representatives of the State orof the United States, including local government entities, who have beencharged with carrying out this chapter, including a cost recovery or anenforcement action, or to comply with any state law, CERCLA, or the Clean WaterAct, or when relevant in any proceeding under this chapter.  Persons receivinginformation pursuant to this subsection shall maintain the confidentiality ofthe information which is provided in this section to the maximum extent allowedby law. [L 1990, c 298, pt of §17; am L 1991, c 280, §13]