310 CMR, § 3.05

Current through Register 1536, December 6, 2024
Section 3.05 - Definitions

As used throughout 310 CMR 3.00, the following terms shall have the following meanings, unless the context clearly indicates otherwise:

Commissioner means the Commissioner or Acting Commissioner of the Department.

Department means the Massachusetts Department of Environmental Quality Engineering.

Director means the Director or Deputy Director of the Department's Division of Water Pollution Control.

Person means any agency or political subdivision of the Federal government or the Commonwealth, or any state, public or private corporation or authority, any individual, trust, firm, joint stock company, partnership, association, or other entity, and any officer, employee or agency of said person, and any group of said persons.

Public record means any record made or received by any officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the Commonwealth, or of any authority established by the General Court to serve a public purpose, and which is a public record pursuant to M.G.L. c. 4, § 7, cl. 26, as may be amended from time to time.

Record means a book, paper, map, photograph, recorded tape, financial statement, statistical tabulation, or any other documentary material or data, regardless of physical form or characteristics.

Trade secret means anything tangible which constitutes, represents, evidences or records a secret scientific, technical, merchandising, production, manufacturing, or management information, design, process, procedure, formula, invention, method or improvement. Without limiting the generality of the foregoing, this definition shall include anything which is a trade secret pursuant to M.G.L. c. 266, § 30(4), as may be amended from time to time. This definition shall not include:

(1) anything which is "personal data" pursuant to M.G.L. c. 66A, § 1, as may be amended from time to time.

(2) anything which is "criminal offender record information" pursuant to M.G.L. c. 6, § 167, as may be amended from time to time.

(3) anything which is "evaluative information" pursuant to M.G.L. c. 6, § 167, as may be amended from time to time.

(4) anything which is "intelligence information" pursuant to M.G.L. c. 6, § 167, as may be amended from time to time.

310 CMR, § 3.05