§ 25-8-405 — Samples - secret processes

(1) If samples of water or water
pollutants are taken for analysis, the person believed to be responsible for any
suspected violation or who is or will be subject to any remedial action shall be
notified immediately of the collection of the samples and a representative portion
of the sample shall be furnished immediately upon request to said person. A
representative portion of such sample shall be furnished to any suspected violator
whenever any remedial action is taken with respect thereto by the division. A
duplicate of every analytical report pertaining to such sample shall also be
furnished as soon as practicable to such person. Any request for a sample split
shall be made within six months of the notification of the collection of samples.

(2) Any information relating to any secret process, method of manufacture or
production, or sales or marketing data which may be acquired, ascertained, or
discovered, whether in any sampling investigation, emergency investigation, or
otherwise, shall not be publicly disclosed by any member, officer, or employee of
the commission or the division, but shall be kept confidential. Any person seeking to
invoke the protection of this subsection (2) shall bear the burden of proving its
applicability. This section shall never be interpreted as preventing full disclosure of
effluent data.

Legislative History

Source: L. 81: Entire article R&RE, p. 1326, � 1, effective July 1. L. 88: (1) amended, p. 1020, � 4, effective July 1.