Confidentiality of Information

(1) In accordance with M.G.L. c. 21, § 27(7) and 310 CMR 3.00: Access To and Confidentiality of Department Records and Files, any information submitted to the Department pursuant to M.G.L. c. 28, §§ 26 through 53, may be claimed as confidential by the submitter, except the information described in 314 CMR 2.11(2). Any such claim must be asserted at the time of submission in the manner prescribed in 310 CMR 3.00. If no claim is made at the time of submission, the Department may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the requirements of 310 CMR 3.00. (2) Claims of confidentiality shall be denied for the following information: (a) the name and address of any permit or general permit coverage applicant or permittee or person with general permit coverage; and (b) any permit or effluent data and data related thereto, including all information contained in permit applications. This includes any attachments to the application form, but only to the extent the information was required to be part of a complete application. (3) Additional material requested by the Department during permit processing may be claimed confidential if it was not required to be part of a complete application, in which case the claim will be resolved following the procedures contained in 310 CMR 3.00: Access To and Confidentiality of Department Records and Files. 2.11: continued (4) To the extent provided in M.G.L. c. 21, § 27(7), and 310 CMR 3.21: When Trade Secrets May Be Disclosed By the Department, the Department also may disclose certain information that would be entitled to protection as a trade secret.