49-967. Availability of information to the public

A. Any records, reports or information obtained from any person under this article, including records, reports or information obtained or prepared by the director or a department employee, shall be available to the public, except that the information, or a particular part of the information, shall be considered confidential on either:

1. Notice from the person, accompanying the information, stating that the information, or a particular part of the information, if made public, would divulge the trade secrets of the person or other information likely to cause substantial harm to the person's competitive position.

2. A determination by the attorney general that disclosure of the information or a particular part of the information would be detrimental to an ongoing criminal investigation or to an ongoing or contemplated civil enforcement action under this chapter in superior court.

B. If the director, on his own or following a request for disclosure, disagrees with the confidentiality notice, he may request the attorney general to seek a court order authorizing disclosure. If a court order is sought, the person shall be served with a copy of the court filing and shall have twenty business days from the date of service to request a hearing on whether a court order should be issued. The hearing shall be conducted in camera, and any order resulting from the hearing is appealable as provided by law. The director may not disclose the confidential information until a court order authorizing disclosure has been obtained and becomes final. The court may award costs of litigation including reasonable attorney and expert witness fees to the prevailing party.

C. Notwithstanding subsection A, the following information obtained from any person under this article shall be available to the public:

1. The name and address of any permit applicant or permittee.

2. The types and amounts of any hazardous waste generated, stored, treated or disposed.

3. The types and amounts of any toxic substances released to the environment.

D. Notwithstanding subsection A, the director may disclose, with accompanying confidentiality notice, any records, reports or information obtained from any person under this article, including records, reports or information obtained by the director or department employees, to:

1. Other state employees concerned with administering this chapter or if the records, reports or information are relevant to any administrative or judicial proceeding under this chapter.

2. Employees of the United States environmental protection agency if such information is necessary or required to administer and implement or comply with federal statutes or regulations.