§22-17-12. Confidentiality.
(a) Any records, reports or information obtained from any
persons under this article shall be available to the public, except
that upon a showing satisfactory to the director by any person that
records, reports or information, or a particular part thereof, to
which the director or any officer, employee, or representative
thereof has access under this section, if made public, would
divulge information entitled to protection under section 1905 of
title 18 of the United States Code, such information or particular
portion thereof is confidential in accordance with the purposes of
this section, except that such record, report, document or
information may be disclosed to other officers, employees, or
authorized representatives of the United States environmental
protection agency or of this state if such officers, employees or
authorized representatives are implementing the provisions of this
article.
(b) Any person who knowingly and willfully divulges or
discloses any information entitled to protection under this section
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than five thousand dollars, or imprisoned in the
county jail for not more than one year, or both fined and
imprisoned.
(c) In submitting data under this article, a person required to provide such data may designate the data which he or she
believes is entitled to protection under this section and submit
such designated data separately from other data submitted under
this article. A designation under this subsection shall be made in
writing and in such manner as the director may prescribe.