Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 2.00 - Permit Procedures
Section 2.11 - Confidentiality of Information
Current through Register 1531, September 27, 2024
(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:
(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.
(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.