Ala. Admin. Code r. 335-6-7-.16 - Access To And Availability Of Records, Reports Or Information

(1) Any owner/operator of an AFO shall, upon request of a duly authorized representative of the Department, permit the representative, at all reasonable times, access to all records concerning the acquisition, storage, handling, and transport of regulated chemicals, compounds, and pollutants and permit the representative to copy said records.

(2) Except as provided by Rule 335-6-6-.07, any records, reports, or information obtained under this Chapter may be made available to the public by the Department. The owner/operator shall prove to the satisfaction of the Director or his designee that records, reports or information, or a particular part thereof to which the Department has access under this Chapter, if made public, would divulge production or sales figures or methods, processes or production unique to such owner/operator or would otherwise tend to adversely affect the competitive position of such owner/operator by revealing trade secrets. The Department may consider such record, report, or information or particular portion thereof, confidential. Nothing in this paragraph shall be construed to prevent disclosures of such report, record, or information to federal or State representatives as necessary for purposes of administration of any federal or State laws or when relevant to proceedings under this Chapter. Information concerning the presence or concentration of substances in waste, wastewater, soil, or State waters shall not be considered confidential by the Department.

Author: Richard Hulcher

Notes

Ala. Admin. Code r. 335-6-7-.16

Amended: Filed February 24, 1999; effective March 31, 1999.

Statutory Authority: Code of Ala. 1975, §§ 22-22-1 to 22-22-14; 22-22A-1 to 22-22A-16 et seq., as amended.