Section ENV.04.22 — Samples, Secret Processes

(a) If samples of water or water pollutants are taken for analysis and a violation of any permit or control regulation is suspected, a representative portion of the same shall be furnished at cost upon request to the person who is believed to be responsible for such suspected violation. A representative portion of such sample shall be furnished to any suspected violator at cost whenever any remedial action is taken with respect thereto by the Division. A duplicate of every analytical report pertaining to such sample shall be furnished as soon as practicable to such person.

(b) Any information relating to any secret process, method of manufacture or production, or sales or marketing data, which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the Commission or Division, but shall be kept confidential. Any person seeking to invoke the protection of this Section in any hearing shall bear the burden of proving its applicability. This Section shall never be interpreted as preventing full disclosure of effluent data.