§342J-14  Public records; confidentialinformation; penalties.  (a)  For purposes of this chapter, chapter 92Fapplies to the determination of the types of information that should be madeavailable to members of the public provided that any information that would berequired to be disclosed under RCRA and the federal Freedom of Information Act,5 United States Code §552, if these Acts were applicable, shall be open to thepublic notwithstanding any provisions to the contrary in chapter 92F.  Thelegislature declares that disclosure of such information which RCRA and thefederal Freedom of Information Act require to be disclosed for purposes of thischapter does not constitute an unwarranted invasion of privacy.

(b)  Information concerning secret processes ormethods of manufacture maintained by an agency pursuant to this chapter shallnot be disclosed to the public unless disclosure of such information would berequired under applicable provisions of RCRA, 42 United States Code, §§6901 to6991i and the federal Freedom of Information Act, 5 United States Code §552.

(c)  For purposes of this chapter, thedepartment may adopt rules pertaining to both substantive and proceduralaspects of information practices which are consistent with RCRA and the federalFreedom of Information Act.  These rules shall govern information practicesconcerning all records maintained by any agency pursuant to this chapter orRCRA and shall supersede any inconsistent rules promulgated pursuant to chapter92F. [L 1989, c 212, pt of §5; am L 1991, c 259, §12]