N.Y. Environmental Conservation Law 27-1311 – Confidentiality
§ 27-1311. Confidentiality.
Terms Used In N.Y. Environmental Conservation Law 27-1311
- Person: means an individual, trust, firm, joint stock company, limited liability company, corporation, joint venture, partnership, association, state, municipality, commission, political subdivision of a state, public benefit corporation or any interstate body. See N.Y. Environmental Conservation Law 27-1301
- Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, whether or not such material may eventually be used for some other purpose, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations or from community activities, and source, special nuclear or by-product material as defined in the Atomic Energy Act of 1954, as amended, except as may be provided by existing agreements between the state of New York and the government of the United States, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under article seventeen of this chapter. See N.Y. Environmental Conservation Law 27-1301
1. The department or any other state agency shall hold confidential any information in any report to the department made pursuant to section 27-1307 of this article or any records secured by the department or any inspection, sampling or analysis made by the department pursuant to section 27-1309 of this article or obtained while implementing a remedial program pursuant to section 27-1313 of this article when the site owner or operator or a generator who contributed to any waste disposed of at the site requests that such information is entitled to protection under paragraph (d) of subdivision two of § 87 of the public officers law and rules and regulations promulgated thereunder. Release of such information shall be in accordance with Article 6 of the public officers law.
2. Any agent, consultant, contractor or other person authorized by the commissioner pursuant to this title shall hold such information confidential. Release of any such information by any agent, consultant, contractor or other person authorized by the commissioner shall only be made after a determination by the commissioner pursuant to the procedures set forth in Article 6 of the public officers law.
3. Nothing herein shall restrict the exchange of information between the department and its agents, consultants, contractors or other persons authorized by the commissioner pursuant to this title or between separate agents, consultants, contractors or other persons authorized by the commissioner pursuant to this title.