§ 143-215.3C. Confidential information protected. - North Carolina Statutes

§ 143‑215.3C. Confidential information protected.

(a)        Information obtained under this Article or Article 21A or21B of this Chapter shall be available to the public except that, upon ashowing satisfactory to the Commission by any person that information to whichthe Commission has access, if made public, would divulge methods or processesentitled to protection as trade secrets pursuant to G.S. 132‑1.2, theCommission shall consider the information confidential.

(b)        Effluent data, as defined in 40 Code of Federal Regulations§ 2.302 (1 July 1993 Edition) and emission data, as defined in 40 Code ofFederal Regulations § 2.301 (1 July 1993 Edition) is not entitled toconfidential treatment under this section.

(c)        Confidential information may be disclosed to any officer,employee, or authorized representative of any federal or state agency ifdisclosure is necessary to carry out a proper function of the Department orother agency or when relevant in any proceeding under this Article or Article21A or Article 21B of this Chapter.

(d)        The Commission shall provide for adequate notice to anyperson who submits information of any decision that the information is notentitled to confidential treatment and of any decision to release informationthat the person who submits the information contends is entitled toconfidential treatment. Any person who requests information and any person whosubmits information who is dissatisfied with a decision of the Commission towithhold or release information may request a declaratory ruling from theCommission under G.S. 150B‑4 within 10 days after the Commission notifiesthe person of its decision. The information may not be released by theCommission until the Commission issues a declaratory ruling or, if judicialreview of the final agency decision is sought by any party, the information maynot be released by the Commission until a final judicial determination has beenmade. (1993 (Reg. Sess., 1994),c. 694, s. 2.)