Current through Register Vol. XLI, No. 40, October 4, 2024
Section 60-7-2 - Definitions2.1. "Act" means the Water Resources Protection Act, W. Va. Code §§ 22-26-1 et seq.2.2. "Claimant" means the person asserting a claim of confidentiality.2.3. "Confidential information" includes records, reports, information or data, or a particular portion thereof, that reveal a trade secret, contain protected information relating to homeland security or are subject to another exemption provided by the State Freedom of Information Act [W. Va. Code § 29B-1-1 et seq.]; "confidential information" shall also include records, reports or information, or a particular portion thereof, that if made public would: 2.3.a. Divulge production or sales figures or methods, processes or production unique to the submitting person;2.3.b. Otherwise tend to adversely affect the competitive position of a person by revealing trade secrets, including intellectual property rights; or2.3.c. Present a threat to the safety and security of any water supply, including information concerning water supply vulnerability assessments.2.4. "Governmental entities" means every state officer, agency, department, including the executive, legislative and judicial departments, division, bureau, board and commission; and any other body which is created by state or local authority or which is primarily funded by the state or local authority.2.5. "Person" means an individual, public and private business or industry, public or private water service and governmental entity.2.6. "Records", "reports", "information", "data" or "documents" shall include information, regardless of physical form or characteristics, including electronic information.2.7. "Secretary" means the Secretary of the West Virginia Department of Environmental Protection or his or her designee.2.8. "Trade Secrets" may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented which is known only to certain individuals within a commercial concern who are using it to fabricate, produce or compound an article or trade or a service or to locate minerals or other substances, having commercial value, and which gives its users an opportunity to obtain business advantage over competitors.2.9. "WVDEP" means West Virginia Department of Environmental Protection employees, representatives, contractors, temporary employees, or interns.