(a) Any information furnished to the Board by owners or operators of potential sources of pollution for the environment and natural resources:
(1) Relative to production or to production procedures.
(2) Relative to the volume of sales.
(3) Which may adversely affect the competitive position of the person furnishing the information, shall be of a confidential nature both for the Board and for the United States Environmental Protection Agency (E.P.A.), subject to federal confidentiality requirements, unless the authorized person furnishing the information expressly authorizes such information to be disclosed and made available to the public.
(b) Data about effluents, discharge permit applications, discharge permits, and information relative to the level of pollutants in bodies of water, shall continue to be documents of a public nature.
(c) The general requirement for the Board to classify certain information as confidential shall not be construed as a limitation on its use:
(1) By an officer, an employee or an authorized representative of the Board, the E.P.A. or the Commonwealth of Puerto Rico in implementing this chapter.
(2) For analyses or summaries relative to the general condition of the environment, insofar as the information does not identify the person furnishing the same.
(3) In legal proceedings initiated under § 8002m of this title, or any other legal action in which the court shall determine the importance of said documents for those from whom the same are requested.
History —Sept. 22, 2004, No. 416, § 17; Dec. 5, 2006, No. 259, § 1.