Information obtained by any agency under this article shall be available to the public unless the director certifies such information to be confidential. The director may make such certification where any person shows, to the satisfaction of the director, that the information or parts thereof, if made public, would divulge methods, processes or activities entitled to protection as trade secrets. Nothing in this section may be construed as limiting the disclosure of information by the division to any officer, employee or authorized representative of the state or federal government concerned with effecting the purposes of this article.
Any person who knowingly and willfully divulges or discloses any information entitled to protection under this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned in the county jail for not more than six months, or both fined and imprisoned.
Structure West Virginia Code
Chapter 22. Environmental Resources
Article 18. Hazardous Waste Management Act
§22-18-2. Declaration of Policy
§22-18-6. Promulgation of Rules by Director
§22-18-7. Authority and Jurisdiction of Other State Agencies
§22-18-8. Permit Process; Undertaking Activities Without a Permit
§22-18-10. Public Participation in Permit Process
§22-18-11. Transition Program for Existing Facilities
§22-18-12. Confidential Information
§22-18-13. Inspections; Right of Entry; Sampling; Reports and Analyses; Subpoenas
§22-18-14. Monitoring, Analysis and Testing
§22-18-15. Enforcement Orders; Hearings
§22-18-17. Civil Penalties and Injunctive Relief
§22-18-18. Imminent and Substantial Hazards; Orders; Penalties; Hearings
§22-18-19. Citizen Suits; Petitions for Rulemaking; Intervention
§22-18-20. Appeal to Environmental Quality Board
§22-18-21. Disclosures Required in Deeds and Leases
§22-18-22. Appropriation of Funds; Hazardous Waste Management Fund
§22-18-23. State Program to Be Consistent With and Equivalent to Federal Program