§342L-7  Authority to obtaininformation and data, inspect, and require and conduct activities; penaltiesfor disclosure.  (a)  For the purpose of developing or assisting in thedevelopment of any rule, conducting any study, taking any release response action,or enforcing this chapter, any owner or operator of an underground storage tankor tank system, and any person involved in response actions relating to anyreleases from these tanks or tank systems, upon the request of any dulyauthorized representative of the department, shall:

(1)  Furnish information relating to the tanks or tanksystems, including tank equipment and contents and any response actionsrelating to releases from the tanks or tank systems;

(2)  Conduct monitoring or testing; and

(3)  Permit the designated representative at allreasonable times to have access to, and to copy all records relating to thetanks or tank systems.

(b)  For the purpose of developing or assistingin the development of any rule, conducting any study, investigating an actualor suspected release, monitoring for compliance or noncompliance with thischapter, any rule or standard adopted pursuant to this chapter, or any permitor variance issued pursuant to this chapter, taking release response action, orenforcing this chapter, any duly authorized representative of the departmentmay:

(1)  Enter at reasonable times any establishment orplace;

(2)  Inspect and obtain samples from any person of anyregulated substances contained in any underground storage tank or tank system;

(3)  Conduct monitoring or testing of the tanks ortank systems, associated equipment, contents, or soils, air, surface water, orgroundwater; and

(4)  Take release response action.

Each inspection shall be commenced and completedwith reasonable promptness.

(c)  Any records, reports, or informationobtained from any persons under this section shall be available to the publicexcept as provided in this subsection.  Upon a showing satisfactory to thedepartment that public disclosure of records, reports, or information, or aparticular part thereof, to which the department representative has accessunder this section would divulge information entitled to protection underchapter 92F, the department shall consider the information or a particular portionthereof to be confidential.  No such confidential information secured pursuantto this section by any official or employee of the department within the scopeand cause of the official’s or employee’s employment in the prevention,control, or abatement of releases from underground storage tanks or tanksystems shall be disclosed by the official or employee with the followingexception:  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 outthis chapter or Subtitle I of the federal Resource Conservation and RecoveryAct, or when relevant in any proceeding under this chapter.

(d)  Any representative of the department,acquiring confidential information pursuant to this section, who intentionallyor knowingly divulges or discloses information, upon conviction, shall be finednot more than $5,000 or be imprisoned for a period not to exceed one year, orboth, unless the disclosure is authorized in this chapter or ordered by a courtor at an administrative hearing regarding an alleged violation of this chapteror of any rule or standard adopted pursuant to this chapter. [L 1989, c 212, ptof §6; am L 1992, c 259, §9]