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
Information and records to be available to department for inspection,monitoring and testing--certain information to be confidential and notavailable to the public--department of agriculture to conductinspections.
319.117. 1. For the purposes of developing or assisting inthe development of any regulation, conducting any study, orenforcing the provisions of sections 319.100 to 319.137, anyowner or operator of an underground storage tank shall, upon therequest of any duly authorized officer, employee orrepresentative of the department, furnish information relatingto such tanks, including tank equipment and contents, conductmonitoring or testing, and permit the designated officer at allreasonable times to have access to, and to copy, all recordsrelating to such tanks. For the purposes of developing orassisting in the development of any regulation, conducting anystudy, enforcing the provisions of this section, or conductingany corrective action authorized in sections 319.100 to 319.137,such officers, employees, or representatives may:
(1) Enter at reasonable times any establishment or placewhere an underground storage tank is located or where recordspertaining to underground storage tanks are located;
(2) Inspect and obtain samples from any person of anyregulated substances contained in such tank; and
(3) Conduct monitoring or testing of the tanks, associatedequipment, contents, or surrounding soils, air, surface water,or ground water. Each inspection shall be commenced andcompleted with reasonable promptness.
2. Any records, reports, or information obtained from anypersons under this section shall be available to the publicexcept as provided in this subsection. Upon a showingsatisfactory to the department that public disclosure ofrecords, reports, or information, or a particular part thereof,to which the department officer, employee, or representative hasaccess under this section would divulge commercial or financialinformation entitled to protection under state law, thedepartment shall consider such information or a particularportion thereof to be confidential. However, the document orinformation may be disclosed to officers, employees, orauthorized representatives of the state or of the United States,who have been charged with carrying out this act or subtitle Iof the federal Resource Conservation and Recovery Act of 1976(P.L. 94-580), as amended, or when relevant in any proceedingunder sections 319.100 to 319.137.
3. The department shall, subject to appropriations, enterinto an interagency agreement with the department of agricultureto authorize inspectors from the department of agriculture toconduct inspections under sections 319.100 to 319.137 inconjunction with those required under chapter 414, RSMo.
(L. 1989 H.B. 77, et al. § 8)