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. |