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 the
actions taken under this title. Subject to subsection (b), these:
(1) records, issued permits, permit applications, and related
documentation filed with the department; and
(2) records, reports, and other information obtained under the
recording, reporting, monitoring, sampling, information, entry,
inspection, investigation, and copying requirements of this title;
shall be made available for public inspection and copying in the
department offices during regular business hours under IC 5-14-3.
(b) Upon showing satisfactory to the commissioner by any person
that all or any part of the records, reports, permits, permit
applications, documentation, or information other than effluent or
emission data, would, if made public, divulge methods or processes
entitled to protection as trade secrets of the person, the commissioner
shall 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 fees
otherwise required by IC 5-14-3-8 for the copying of public records
if the department or board having authority over the records
determines 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 to
submit a record that in the person's opinion constitutes a record that
is:
(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 for
the use of the department or the boards.
(b) The department shall consider a request made under
subsection (a). If the department finds that the record is excepted
from disclosure under IC 5-14-3-4(a), the request shall be granted. If
the department finds that the record is permissively excepted from
disclosure 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 the
record 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 storage
and security of files containing records excepted from disclosure
requirements 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 a
confidentiality agreement with persons employed, contracted, or
subcontracted 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 authorized
representatives
Sec. 6. All records, reports, or information accorded confidential
treatment under this chapter may be disclosed or transmitted to other
officers, employees, or authorized representatives of the state or of
the 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.
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 the
actions taken under this title. Subject to subsection (b), these:
(1) records, issued permits, permit applications, and related
documentation filed with the department; and
(2) records, reports, and other information obtained under the
recording, reporting, monitoring, sampling, information, entry,
inspection, investigation, and copying requirements of this title;
shall be made available for public inspection and copying in the
department offices during regular business hours under IC 5-14-3.
(b) Upon showing satisfactory to the commissioner by any person
that all or any part of the records, reports, permits, permit
applications, documentation, or information other than effluent or
emission data, would, if made public, divulge methods or processes
entitled to protection as trade secrets of the person, the commissioner
shall 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 fees
otherwise required by IC 5-14-3-8 for the copying of public records
if the department or board having authority over the records
determines 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 to
submit a record that in the person's opinion constitutes a record that
is:
(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 for
the use of the department or the boards.
(b) The department shall consider a request made under
subsection (a). If the department finds that the record is excepted
from disclosure under IC 5-14-3-4(a), the request shall be granted. If
the department finds that the record is permissively excepted from
disclosure 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 the
record 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 storage
and security of files containing records excepted from disclosure
requirements 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 a
confidentiality agreement with persons employed, contracted, or
subcontracted 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 authorized
representatives
Sec. 6. All records, reports, or information accorded confidential
treatment under this chapter may be disclosed or transmitted to other
officers, employees, or authorized representatives of the state or of
the 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.
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 the
actions taken under this title. Subject to subsection (b), these:
(1) records, issued permits, permit applications, and related
documentation filed with the department; and
(2) records, reports, and other information obtained under the
recording, reporting, monitoring, sampling, information, entry,
inspection, investigation, and copying requirements of this title;
shall be made available for public inspection and copying in the
department offices during regular business hours under IC 5-14-3.
(b) Upon showing satisfactory to the commissioner by any person
that all or any part of the records, reports, permits, permit
applications, documentation, or information other than effluent or
emission data, would, if made public, divulge methods or processes
entitled to protection as trade secrets of the person, the commissioner
shall 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 fees
otherwise required by IC 5-14-3-8 for the copying of public records
if the department or board having authority over the records
determines 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 to
submit a record that in the person's opinion constitutes a record that
is:
(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 for
the use of the department or the boards.
(b) The department shall consider a request made under
subsection (a). If the department finds that the record is excepted
from disclosure under IC 5-14-3-4(a), the request shall be granted. If
the department finds that the record is permissively excepted from
disclosure 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 the
record 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 storage
and security of files containing records excepted from disclosure
requirements 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 a
confidentiality agreement with persons employed, contracted, or
subcontracted 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 authorized
representatives
Sec. 6. All records, reports, or information accorded confidential
treatment under this chapter may be disclosed or transmitted to other
officers, employees, or authorized representatives of the state or of
the 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.
