Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files
Section 3.35 - Procedures to be Followed During Pendency of Trade Secret Claim

Universal Citation: 310 MA Code of Regs 310.3

Current through Register 1531, September 27, 2024

(1) With respect to concealed information for which a trade secret claim has been made but not finally denied, the Department may:

(a) use such information, aggregated with other information in such a manner as to maintain the confidentiality of the information claimed as a trade secret, to carry out responsibilities under M.G.L. c. 21I or 310 CMR 50.00. The department may include such aggregated information in the publicly available database required by M.G.L. c. 21I;

(b) disclose such information when the department is required to do so to comply with federal law or regulation, and so long as the department gives notice of the requirement to the toxics user prior to complying.

(2) The department shall establish and maintain a single secure storage area for confidential materials and information submitted pursuant to M.G.L. c. 21I or 310 CMR 50.00. Materials and information for which trade secret claims have been made and related supporting materials, and information for which such claims have been finally adjudicated in favor of the claimant, shall be kept in the secure storage area and may only be removed in accordance with the provisions of 310 CMR 3.30. Materials and information for which such claims have been finally adjudicated against the claimant may be permanently removed from the secure storage area.

(3) A chief document control officer designated by the commissioner shall be responsible for controlling access to the secure storage area and its contents. The commissioner may designate no more than five department personnel at any one time as document control officers who may have access to the secure storage area. Personnel and authorized agents of the department who require information contained within the secure storage area for the effective performance of their duties may, upon request to a document control officer, examine documents containing such information within a secure area adjoining the secure storage area. Immediately upon completion of such examination, or at the close of the business day, whichever is first, such personnel shall return the documents to a document control officer for immediate return to the secure storage area. A hearing officer, administrative law judge, or department counsel in an adjudicatory hearing in which such documents or information are at issue, or other department personnel authorized in writing by the commissioner to do so, may remove such documents from the secure storage area when necessary for preparation and conduct of such adjudicatory hearing or effective performance of their duties, provided that the hearing officer, administrative law judge, counsel or other personnel shall at all times retain control of such documents and information through direct physical observation or deposit in a locked room, file, or other secured area. Immediately upon completion of the hearing or other required use, the documents shall be returned to a document control officer for immediate return to the secure storage area.

(4) No copies of such documents or information may be made except by a document control officer. Copies shall be considered equivalent to original documents for purposes of 310 CMR 3.35. Any notes concerning such information made by department personnel shall be treated as confidential purusnat to 310CMR 3.30.

(5) Department personnel or authorized agents who violate the procedures required by 310 CMR 3.35 shall be subject to disciplinary action.

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