Rule 391-3-11-.03 - Confidentiality of Information(1) Any records, reports, or information obtained from any person by the Director under these rules shall be available to the public for inspection and copying at the expense of the person requesting copies, except that upon a showing satisfactory to the Director by any person that any records, reports, or information or any particular part thereof, to which the Director has access under these rules would, if made public, divulge information entitled to protection or confidentiality under law, the Director shall consider such information or any particular portion thereof confidential in accordance with the purposes of the law under which confidentiality or protection is claimed, except that such records, reports, documents, or information may be disclosed to officers, employees or authorized representatives of the United States government concerned with carrying out the terms of the Federal Act, or when required by any court in any proceedings under the Federal Act or under the Georgia Hazardous Waste Management Act.(2) Any claim of confidentiality filed pursuant to this section must be asserted at the time of initial submission of the record, report, or information in question, or it shall be deemed waived.(3) Any claim of confidentiality filed pursuant to this section must be accompanied by a statement of the legal basis supporting the claim of confidentiality.(4)40 C.F.R. 260.2(d) is hereby incorporated by reference.Ga. Comp. R. & Regs. R. 391-3-11-.03
O.C.G.A. § 12-8-60, et seq.
Original Rule entitled "Confidentiality of Information" adopted. F. Aug. 28, 1980; eff. Sept. 17, 1980.Amended: F. Sept. 6, 1985; eff. Sept. 26, 1985.Amended: F. Sept. 5, 1986; eff. Sept. 25, 1986.Amended: F. Oct. 7, 1987; eff. Oct. 27, 1987.Amended: F. June 8, 1988; eff. June 28, 1988.Amended: F. Oct. 31, 1989; eff. Nov. 20, 1989.Amended: F. Nov. 2, 1990; eff. Nov. 22, 1990.Amended: F. Dec. 9, 1991; eff. Dec. 29, 1991.Amended: F. Oct. 29, 1992; eff. Nov. 18, 1992.Amended: F. Jan. 27, 1994; eff. Feb. 16, 1994.Amended: F. Dec. 6, 1994; eff. Dec. 26, 1994.Amended: F. Dec. 8, 1995; eff. Dec. 28, 1995.Amended: F. Dec. 10, 1996; eff. Dec. 30, 1996.Amended: F. Dec. 4, 1997; eff. Dec. 24, 1997.Amended: F. Dec. 3, 1998; eff. Dec. 23, 1998.Amended: F. Oct. 29, 1999; eff. Nov. 18, 1999.Amended: F. Oct. 27, 2000; eff. Nov. 16, 2000.Amended: F. Feb. 5, 2002; eff. Feb. 25, 2002.Amended: F. Dec. 10, 2002; eff. Dec. 30, 2002.Amended: F. Feb. 2, 2004; eff. Feb. 22, 2004.Amended: F. Dec. 20, 2004; eff. Jan. 9, 2005.Amended: F. Feb. 21, 2006; eff. Mar. 13, 2006.Amended: F. June 3, 2008; eff. June 23, 2008.Amended: F. Jul. 18, 2012; eff. Aug. 7, 2012.Amended: F. Dec. 16, 2019; eff. Jan. 5, 2020.