(1) In accordance with 75-5-105 , MCA, any information concerning sources of pollution that is furnished to the board or department or which is obtained by either of them is a matter of public record and open to public use, provided that trade secrets may be maintained or be confidential if so determined by a court of competent jurisdiction.

(2) Claims of confidentiality for the following information must be denied:

(a) the name and address of any permit applicant or permittee; and

(b) permit applications, permits, and effluent data.

(3) Subject to (1) , information required by MPDES application forms provided by the department under ARM 17.30.1322 may not be claimed confidential, including information submitted on the forms themselves and any attachments used to supply information required by the forms.

History: 75-5-201, 75-5-105, MCA; IMP, 75-5-401, MCA; NEW, 1989 MAR p. 2060, Eff. 12/8/89; TRANS, from DHES, 1996 MAR p. 1499.