|
Health and Human Services and their agents and employees, other |
| agencies of State Government, as authorized by the Governor, |
| employees of the United States Environmental Protection Agency and |
| the Attorney General and employees of the municipality in which the |
| waste is located. The designation must be clearly indicated on each |
| page or other portion of information. The commissioner shall |
establish procedures to insure ensure that information so |
| designated is segregated from public records of the department. The |
| department's public records must include the indication that |
| information so designated has been submitted to the department, |
| giving the name of the person submitting the information and the |
| general nature of the information. Upon a request for information, |
| the scope of which includes information so designated, the |
| commissioner shall notify the submittor. Within 15 days after |
| receipt of the notice, the submittor shall demonstrate to the |
| satisfaction of the department that the designated information |
| should not be disclosed because the information is a trade secret, |
| production, commercial or financial information, the disclosure of |
| which would impair the competitive position of the submittor and |
| would make available information not otherwise publicly available. |
| Unless such a demonstration is made, the information must be |
| disclosed and becomes a public record. The department may grant or |
| deny disclosure for the whole or any part of the designated |
| information requested and within 15 days shall give written notice |
| of the decision to the submittor and the person requesting the |
| designated information. A person aggrieved by a decision of the |
| department may appeal only to the Superior Court in accordance with |
| the provisions of section 346. All information provided by the |
department to the municipality under this subsection must be is |
| confidential and not a public record under Title 1, chapter 13. In |
| the event a request for such information is submitted to the |
| municipality, the municipality shall submit that request to the |
| commissioner to be processed by the department as provided in this |
| subsection. |