Ala. Admin. Code r. 335-6-5-.12 Confidentiality of Information

• Library: Alabama Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 42, No. 3, December 29, 2023
• Year: 2023
• Citation: Ala. Admin. Code r. 335-6-5-.12

(1) Information required by this Chapter to be submitted as a part of a SID Permit application may not be claimed as confidential. This includes information submitted on the approved application forms themselves and any attachments used to supply information required by the forms. Claims of confidentiality for the following information will be denied:

(a) the name and address of any permit applicant or permittee;

(b) information required to develop the permit, permits, and effluent data;

(c) baseline reports;

(d) category determination request; and

(e) requests for variances from categorical pretreatment standards.

(2) With the exception of the information specified in paragraph 335-6-5-.12(1) above, all claims of confidentiality shall be handled in accordance with Rule 335Duties And Operations Of The Department335-1-1-.06.

(3) Requests for confidentiality should be submitted with the material for which confidential treatment is desired and if possible the confidential material should be separated from the rest of the submittal. A request for confidentiality received more than 90 days after the Department has received the material shall be denied.

(4) A request for confidenitality shall include:

(a) a showing that making the information public will divulge unique methods, sales figures or processes, or that the divulgence of the information will otherwise adversely affect the competitive position of the requester.

(b) a showing of statutory authority such as would empower the Department to hold such information confidenital. Author: John Poole.

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Notes:

History: April 29, 1991.

Note:

Statutory Authority: Code of Ala. 1975, §§ 22-22-9, 22-22A-5, 22-22A-6, 22-22A-8.