Section 27-1311. Confidentiality  


Latest version.
  • 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   section
      eighty-seven  of  the  public  officers  law  and  rules and regulations
      promulgated  thereunder.  Release  of  such  information  shall  be   in
      accordance with article six 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 six 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.