Section 18.31.015. Confidentiality of trade secrets.

	(a)  If it determines that disclosure is in the interests of public health and consumer protection, the department will require a person subject to this chapter to disclose a trade secret to the department to assist the department in evaluating a permit application or in determining compliance with this chapter. If the person disclosing the required information certifies in writing that public disclosure of the information, including information contained in a photograph taken by a department employee, would reveal a trade secret as defined in AS 45.50.940, the department will keep the information confidential while it determines if the public interest that would be served by disclosure is outweighed by the person's privacy interest. The department will continue to keep the information confidential if it finds the information is entitled to protection. If the department finds that the information is not entitled to protection, the department will notify the person disclosing the information in writing that the information will be subject to disclosure after 10 days. Unless ordered by a court to disclose the information, the department will keep the information confidential through the 10-day period, any administrative appeal of the department's finding initiated during the 10-day period, and any judicial appeal of the final agency decision.  
	(b)  If it determines that disclosure is in the interests of public health and consumer protection, the department will disclose information that is confidential under this section under a continuing restriction of confidentiality to other departments of the state or United States or to a court  
		(1) to protect against an imminent threat to public health or safety;  
		(2) in a proceeding to deny, modify, or suspend a permit required under this chapter; or  
		(3) in pursuit of an enforcement activity.  
	(c)  This section does not limit the department's authority to release confidential information during an emergency.  

Authorities

17.20.005;17.20.010;17.20.020;17.20.070;17.20.072;17.20.180;17.20.200;17.20.220;44.46.020;03.05;17.20

Notes

Authority

AS 17.20.005 AS 17.20.010 AS 17.20.020 AS 17.20.070 AS 17.20.072 AS 17.20.180 AS 17.20.200 AS 17.20.220 AS 44.46.020 Editor's note: Effective 12/19/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 31.015, without change, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 31 from AS 03.05 to AS 17.20.

History

Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 6/28/2001, Register 158

References

18.31.015;18.31