Effective 28 Aug 1989

319.117. Information and records to be available to department for inspection, monitoring and testing — certain information to be confidential and not available to the public — department of agriculture to conduct inspections. — 1. For the purposes of developing or assisting in the development of any regulation, conducting any study, or enforcing the provisions of sections 319.100 to 319.137, any owner or operator of an underground storage tank shall, upon the request of any duly authorized officer, employee or representative of the department, furnish information relating to such tanks, including tank equipment and contents, conduct monitoring or testing, and permit the designated officer at all reasonable times to have access to, and to copy, all records relating to such tanks. For the purposes of developing or assisting in the development of any regulation, conducting any study, enforcing the provisions of this section, or conducting any corrective action authorized in sections 319.100 to 319.137, such officers, employees, or representatives may:

(1) Enter at reasonable times any establishment or place where an underground storage tank is located or where records pertaining to underground storage tanks are located;

(2) Inspect and obtain samples from any person of any regulated substances contained in such tank; and

(3) Conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface water, or ground water. Each inspection shall be commenced and completed with reasonable promptness.

2. Any records, reports, or information obtained from any persons under this section shall be available to the public except as provided in this subsection. Upon a showing satisfactory to the department that public disclosure of records, reports, or information, or a particular part thereof, to which the department officer, employee, or representative has access under this section would divulge commercial or financial information entitled to protection under state law, the department shall consider such information or a particular portion thereof to be confidential. However, the document or information may be disclosed to officers, employees, or authorized representatives of the state or of the United States, who have been charged with carrying out this act or subtitle I of the federal Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as amended, or when relevant in any proceeding under sections 319.100 to 319.137.

3. The department shall, subject to appropriations, enter into an interagency agreement with the department of agriculture to authorize inspectors from the department of agriculture to conduct inspections under sections 319.100 to 319.137 in conjunction with those required under chapter 414.

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(L. 1989 H.B. 77, et al. § 8)