260.430. Confidential information--illegal disclosure, penalty.
Confidential information--illegal disclosure, penalty.
260.430. 1. Information obtained under sections 260.350 to260.430 or any rule or regulation, order or license or permitterm or condition adopted or issued hereunder, or anyinvestigation authorized thereby, shall be available to thepublic unless nondisclosure is requested in writing includingjustification to the satisfaction of the director that suchinformation constitutes trade secrets or information which isentitled to confidential treatment in order to protect any plan,process, tool, mechanism or compound which is known only to theperson claiming confidential treatment and where confidentialtreatment is necessary to protect such person's trade, businessor manufacturing process, where such nondisclosure will notresult in an unreasonable threat to the health of humans or otherliving organisms and disclosure is not required under any federalhazardous waste management act. If the director finds theinformation does not warrant confidential treatment, the personshall be notified by registered mail. The information may bereleased to the public after thirty days of receipt of the noticefrom the director unless the person obtains a restraining orderprohibiting disclosure. Any action by the director concerningconfidential treatment may be appealed to the hazardous wastemanagement commission which may uphold or reverse such action.Any member of the commission or employee of the department, for aperiod of two years after the termination of such relationship,who is convicted of willful disclosure or conspiracy to disclosetrade secrets or information which is entitled to suchconfidential treatment to any person other than one entitled tothe information under sections 260.350 to 260.430 is guilty of amisdemeanor and, upon conviction, shall be punished by fine ofnot more than one thousand dollars.
2. No action, ordinance or law, with the exception of localoption on location, of any county, city, town, village or otherpolitical subdivision of this state shall operate to prevent thelocation or operation of a hazardous waste facility ortransporter holding a current hazardous waste facility permit ortransporter license issued hereunder within its boundaries.Nothing in this subsection shall, however, prevent any suchpolitical subdivision from challenging a facility's ortransporter's compliance with sections 260.350 to 260.430 or anyrule or regulation, order or permit or license term or conditionadopted or issued hereunder. No hazardous waste disposalfacility established after September 28, 1977, shall be locatedwithin one-fourth mile of any permanent, occupied residentialdwelling house completed prior to the receipt by the departmentof a letter of intent for such hazardous waste disposal facilitywithout the written consent of the owner of such residentialhouse. All hazardous waste disposal facilities shall have aminimum three-hundred-foot buffer zone between the property lineof the facility and the permitted area. The provisions of thissubsection shall not apply to overburden, rocks, tailings, slag,residue or other wastes resulting from mining, milling andsmelting.
3. All pending applicants for the development of a hazardouswaste disposal facility shall meet all requirements of this act*.
(L. 1977 H.B. 318 § 17, A.L. 1980 2d Ex. Sess. H.B. 5, et al.)Effective 10-31-80
*Original rolls contain words "this act". Intent may have been to use "sections 260.350 to 260.430", as that subchapter deals with hazardous waste management. "This act", H.B. 5, et al., contains also §§ 260.035 and 260.040.