| 2. Hazardous waste information and information on mercury- |
added products and electronic devices. Information relating to |
hazardous waste submitted to the department under this |
subchapter, information relating to mercury-added products |
submitted to the department under chapter 16-B or information |
relating to electronic devices submitted to the department under |
section 1609 1610, subsection 6, paragraph A, subparagraph (4), |
division (i) and paragraph B may be designated by the person |
submitting it as being only for the confidential use of the |
department, its agents and employees, the Department of |
Agriculture, Food and Rural Resources and the Department of |
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 |