CHAPTER 11. RECORDS OF THE DEPARTMENT AND BOARDS

IC 13-14-11
    Chapter 11. Records of the Department and Boards

IC 13-14-11-1
Record of actions taken; confidential information
    Sec. 1. (a) The commissioner shall maintain a record of theactions taken under this title. Subject to subsection (b), these:
        (1) records, issued permits, permit applications, and relateddocumentation filed with the department; and
        (2) records, reports, and other information obtained under therecording, reporting, monitoring, sampling, information, entry,inspection, investigation, and copying requirements of this title;
shall be made available for public inspection and copying in thedepartment offices during regular business hours under IC 5-14-3.
    (b) Upon showing satisfactory to the commissioner by any personthat all or any part of the records, reports, permits, permitapplications, documentation, or information other than effluent oremission data, would, if made public, divulge methods or processesentitled to protection as trade secrets of the person, the commissionershall consider, treat, and protect all or part of the trade secret records,reports, or information as confidential.
As added by P.L.1-1996, SEC.4.

IC 13-14-11-2
Waiver of fees
    Sec. 2. The department and boards may reduce or waive feesotherwise required by IC 5-14-3-8 for the copying of public recordsif the department or board having authority over the recordsdetermines that the fee reduction or waiver is in the public interest.
As added by P.L.1-1996, SEC.4.

IC 13-14-11-3
Records permissively excepted from disclosure
    Sec. 3. (a) A person required by the department or a board tosubmit a record that in the person's opinion constitutes a record thatis:
        (1) confidential under IC 5-14-3-4(a); or
        (2) permissively excepted under IC 5-14-3-4(b);
may so certify and request that the record be made available only forthe use of the department or the boards.
    (b) The department shall consider a request made undersubsection (a). If the department finds that the record is exceptedfrom disclosure under IC 5-14-3-4(a), the request shall be granted. Ifthe department finds that the record is permissively excepted fromdisclosure under IC 5-14-3-4(b), the request may be granted.
    (c) It is the duty of:
        (1) the person providing the record to ask that any or all of therecord be declared excepted from disclosure under IC 5-14-3-4;and
        (2) the commissioner to decide whether the record will be made

public, subject to review as provided in IC 4-21.5-5.
As added by P.L.1-1996, SEC.4.

IC 13-14-11-4
Storage and security of files
    Sec. 4. The department shall, subject to the approval of all three(3) of the boards, develop written procedures for the separate storageand security of files containing records excepted from disclosurerequirements under IC 5-14-3-4.
As added by P.L.1-1996, SEC.4.

IC 13-14-11-5
Confidentiality agreements
    Sec. 5. The boards shall adopt rules requiring the execution of aconfidentiality agreement with persons employed, contracted, orsubcontracted by the department that is enforceable by:
        (1) the state; and
        (2) the submitter of the information.
As added by P.L.1-1996, SEC.4.

IC 13-14-11-6
Disclosure to other officers, employees, or authorizedrepresentatives
    Sec. 6. All records, reports, or information accorded confidentialtreatment under this chapter may be disclosed or transmitted to otherofficers, employees, or authorized representatives of the state or ofthe United States:
        (1) concerned with carrying out or implementing this title; or
        (2) when relevant in any proceeding related to enforcement.
As added by P.L.1-1996, SEC.4.