Information requirements by department; disclosure of information obtained by department.

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(A) To assist in carrying out its responsibilities under this chapter, the department may require:

(1) the establishment and maintenance of records;

(2) the making of reports;

(3) the taking of samples and the performing of tests or analyses;

(4) the installation, calibration, use, and maintenance of monitoring equipment; or

(5) the providing of such other information as may be reasonably necessary to achieve the purposes of this chapter.

(B) Information obtained by the department pursuant to this chapter shall be available to the public unless the department determines such information to be proprietary. The department may make such determinations where the person submitting the information demonstrates to the satisfaction of the department that the information, or parts thereof, if made public, would divulge methods, production rates, processes, or other confidential information entitled to protection.

HISTORY: 1991 Act No. 63, Section 1; 1997 Act No. 131, Section 3.


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