65-3447. Administrative penalties; trade secrets; duties of secretary; disclosure of information.
65-3447
65-3447. Administrative penalties; trade secrets;duties of secretary; disclosure of information.Any person submitting any records, reports, documents, orinformation required by this act, may upon a showing satisfactory to thesecretary, claim any portion of such record, report, document, or informationconfidential as a trade secret. "Trade secret" as used inthis sectionshall have the same meaning asprovided in K.S.A. 60-3320 and amendments thereto. The department shallestablish proceduresto insure that trade secrets are utilized by the secretary or any authorizedrepresentatives of the secretary only in connection with the responsibilitiesof the department pursuant to this act. Trade secrets shall not be otherwiseused or disseminated by the secretary or any representative of the secretarywithout the consent of the person furnishing the information. Such record,report, document, or information may be disclosed to other officers, employeesor authorized representatives of the state of Kansas concerned with carryingout this act or when relevant in any proceeding under this act. Such records,reports, documents or information may be disclosed to authorizedrepresentativesof the administrator of the United States environmental protection agencyin connection with any regulation promulgated by the agency or memorandumof agreement with the department pursuant to that agency's responsibilitiesunder the Resource Conservation and Recovery Act of 1976 (42 USC 6926).In submitting any confidential information under this subsection the secretaryshall submit the claim of confidentiality to the United States environmentalprotection agency.
History: L. 1981, ch. 251, § 19;L. 2005, ch. 67, § 8; July 1.