10.1-603.12:2 - Information to be furnished - Virginia Statutes

§ 10.1-603.12:2. Information to be furnished.

The Board, the Department, or the permit issuing authority may require everypermit applicant or permittee to furnish when requested such applicationmaterials, plans, specifications, and other pertinent information as may benecessary to determine the effect of his discharge on the quality of statewaters, or such other information as may be necessary to accomplish thepurposes of this article. Any personal information shall not be disclosedexcept to an appropriate official of the Board, Department, US EPA, or permitissuing authority or as may be authorized pursuant to the Virginia Freedom ofInformation Act (§ 2.2-3700 et seq.). However, disclosure of records of theDepartment, the Board, or the permit issuing authority relating to (i) activefederal environmental enforcement actions that are considered confidentialunder federal law, (ii) enforcement strategies, including proposed sanctionsfor enforcement actions, and (iii) any secret formulae, secret processes, orsecret methods other than effluent data used by any permitee or under thatpermitee's direction is prohibited. Upon request, such enforcement recordsshall be disclosed after a proposed sanction resulting from the investigationhas been determined by the Department, the Board, or the permit issuingauthority. This section shall not be construed to prohibit the disclosure ofrecords related to inspection reports, notices of violation, and documentsdetailing the nature of any land disturbing activity that may have occurred,or similar documents.

(2004, c. 372; 2005, c. 102.)