(a) Monitoring, recording and reporting.
(1) establish and maintain such records;
(2) make such reports;
(3) install, calibrate, use and maintain such monitoring equipment or methods (including, where appropriate, biological monitoring methods);
(4) sample such discharges (in accordance with such methods at such locations, at such intervals, in such manner as the Commissioner shall prescribe); and
(5) provide such other information relating to the discharge of pollutants into the waters of the United States Virgin Islands or to the introduction of pollutants into publicly owned treatment works, as the Commissioner may reasonably require.
(b) Any information or data obtained pursuant to the provisions of subsection (a) above shall be available to the public, except insofar as trade secrets would be disclosed thereby. Effluent data, permits and permit applications notwithstanding any relation to trade secrets, shall be available to the public.
(c) Inspection and entry.
(1) To carry out the purposes of this chapter or any rule, regulation, order or permit issued thereunder, the Commissioner or his authorized representative or authorized contractor, upon presentation of his credentials:
(A) shall have a right of entry to, upon or through any premises in which any effluent source is located or in which any records are required to be maintained;
(B) may at reasonable times have access to and copy any records required to be maintained;
(C) may inspect any monitoring equipment or method which is required; and
(D) may have access to and sample any discharges of pollutants to territorial waters or to publicly owned treatment works resulting directly or indirectly from activities or operations of the owner or operator of the premises in which the effluent source is located.
(2) For the purposes of this section, the term “effluent source” shall mean
(A) a point source of the discharge of pollutants; or
(B) a source of introduction of pollutants into publicly owned treatment works by an industrial user.
(d) Public access to information.
(1) Any records, reports or information obtained under this section, and any permits, permit applications, public comments relating thereto, and related documentation shall be available to the public for inspection and copying; provided, that upon a showing satisfactory to the Commissioner by any person that such records, reports, documentation or information, or any part thereof (other than effluent data) would, if made public, divulge methods or processes entitled to protection as trade secrets of such person, the Commissioner shall consider, treat and protect such record, report or information, or part thereof, as confidential; provided further, however, that any such record, report or information accorded confidential treatment may be disclosed or transmitted to other officers, employees or authorized representatives of this territory or of the United States concerned with carrying out this chapter, or when relevant in any proceeding under this chapter.
(2) Any authorized representative of the Commissioner or the Administrator, including an authorized contractor acting as a representative of the Administrator or Commissioner, who knowingly or willfully publishes, divulges, discloses, or makes known in any manner, or to any extent not authorized by law, any information that is required to be maintained as confidential under this subsection, shall be fined not more than $1,000 or imprisoned for not more than one year, or shall be both fined and imprisoned. Nothing in this subsection may prohibit the Commissioner or the Administrator or an authorized representative of the Commissioner or the Administrator, including any authorized contractor acting as representative of the Commissioner or the Administrator, from disclosing records, reports, or information to other officers, employees, or authorized representatives of the Territory or of the United States concerned with carrying out the purpose of this chapter or when relevant in any proceeding under this chapter.