2016 Kentucky Revised Statutes CHAPTER 224 - ENVIRONMENTAL PROTECTION Subchapter 10 - Energy and Environment Cabinet 224.10-210 Records open to public inspection -- Confidential nature of certain data.
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224.10-210
data.
Records open to public inspection -- Confidential nature of certain
Any record or other information furnished to or obtained by the cabinet shall be open to
reasonable public inspection except that any record or information, not relating to
emission or effluent data, which constitutes a trade secret or confidential business
information and is designated as such by the cabinet, upon a satisfactory showing by the
owner or operator in accordance with the rules and regulations of the cabinet shall be
confidential and for the use only of the cabinet and other departments, agencies, and
officers of the Commonwealth in the performance of their duties. No record or
information designated by the owner to be either a trade secret or confidential business
information but not designated as such by the cabinet due to the failure of the owner to
make a satisfactory showing of confidentiality shall be released to the public or to any
other agency, department, or officer of the Commonwealth without providing the owner
fifteen (15) days written notice. Nothing herein shall be construed to prevent the use of
such records or information by any department, agency, or officer of the Commonwealth
in compiling or publishing reports, analyses, or summaries relating to the general
condition of the natural environment, nor shall anything herein prevent the disclosure of
any record or other information to any agency or representative of the United States or to
any subdivision of the Commonwealth for the purposes of administration or enforcement
of any federal or local pollution control law. No such report, analysis, or summary shall,
directly or indirectly, reveal information otherwise confidential under this section.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 302, sec. 1, effective July 14, 1992. -- Amended
1978 Ky. Acts ch. 257, sec. 6, effective June 17, 1978. -- Created 1972 (1st Extra.
Sess.) Ky. Acts ch. 3, sec. 20, effective January 1, 1973.
Formerly codified as KRS 224.035.
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