Confidentiality of Information

(1) Any information, document, or particular part thereof, obtained by the Department or its Contractors pursuant to M.G.L. c. 21E, upon request shall be confidential, and shall not be considered to be a public record, when it is determined by the Commissioner in accordance with 310 CMR 3.00: Access to and Confidentiality of Department Records and Files that such information, record, or particular part thereof, relates to secret processes, methods of manufacture or production, or that such information, record, or particular part thereof, if made public, would divulge a trade secret. (2) The Department shall be under no obligation to act upon any such request for confidentiality that is not made and substantiated in accordance with 310 CMR 3.24: Requests for Protecting the Confidentiality of Trade Secrets. (3) 310 CMR 40.0011 shall not prevent disclosure of any information necessary for an enforcement or cost recovery action or to comply with CERCLA or FWPCA or as otherwise provided by 310 CMR 3.00: Access to and Confidentiality of Department Records and Files.