310 CMR 40.0011 - Confidentiality of Information
(1) Any
information, document, or particular part thereof, obtained by the Department
or its Contractors pursuant to M.G.L. c. 21E, upon request shall be
confidential, and shall not be considered to be a public record, when it is
determined by the Commissioner in accordance with
310 CMR
3.00: Access to and Confidentiality of
Department Records and Files that such information, record, or
particular part thereof, relates to secret processes, methods of manufacture or
production, or that such information, record, or particular part thereof, if
made public, would divulge a trade secret.
(2) The Department shall be under no
obligation to act upon any such request for confidentiality that is not made
and substantiated in accordance with
310
CMR 3.24: Requests for Protecting the
Confidentiality of Trade Secrets.
(3)310 CMR 40.0011 shall not prevent
disclosure of any information necessary for an enforcement or cost recovery
action or to comply with CERCLA or FWPCA or as otherwise provided by
310 CMR
3.00: Access to and Confidentiality of
Department Records and Files.
Notes
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(1) Any information, document, or particular part thereof, obtained by the Department or its Contractors pursuant to M.G.L. c. 21E, upon request shall be confidential, and shall not be considered to be a public record, when it is determined by the Commissioner in accordance with 310 CMR 3.00 that such information, record, or particular part thereof, relates to secret processes, methods of manufacture or production, or that such information, record, or particular part thereof, if made public, would divulge a trade secret.
(2) The Department shall be under no obligation to act upon any such request for confidentiality that is not made and substantiated in accordance with 310 CMR 3.24.
(3)310 CMR 40.0011 shall not prevent disclosure of any information necessary for an enforcement or cost recovery action or to comply with CERCLA or FWPCA or as otherwise provided by 310 CMR 3.00.