§ 8-6-214 - Records and examinations.
               	 		
8-6-214.    Records and examinations.
    (a)  The  owner or operator of any permitted facility or site shall establish and  maintain such records, make such reports, install, use, and maintain  such monitoring equipment or methods, take such samples, perform such  tests, and provide such other information to the Arkansas Department of  Environmental Quality as the Director of the Arkansas Department of  Environmental Quality may reasonably require.
(b)  The  department or any authorized employee or agent may examine and copy any  books, papers, records, or memoranda pertaining to the operation of the  facility or site.
(c)  The  department or any authorized employee or agent may enter upon any public  or private property for the purpose of obtaining information or  conducting surveys or investigations necessary or appropriate for the  purpose of this subchapter.
(d)    (1)    (A)  Any  records, reports, or information obtained under this subchapter and any  permits, permit applications, and related documentation shall be  available to the public for inspection and copying.
            (B)  Upon  a satisfactory showing to the director that the records, reports,  permits, documentation, or information, or any part thereof, if made  public, would divulge methods or processes entitled to protection as  trade secrets, then the director shall consider, treat, and protect such  records, reports, or information as confidential.
      (2)    (A)  As  necessary to carry out the provisions of this subchapter, information  afforded confidential treatment may be transmitted under a continuing  restriction of confidentiality to other officers, employees, or  authorized representatives of this state or of the United States if the  owner or operator of the facility to which the information pertains is  informed at least two (2) weeks prior to the transmittal and if the  information has been acquired by the department under the provisions of  this subchapter.
            (B)  The  provisions of subdivision (d)(2) of this section shall not be construed  to limit the department's authority to release confidential information  during emergency situations.
      (3)  Any violation of this subsection shall be unlawful and constitute a misdemeanor.