Texas Water Code - Section 5.175. Inspection Of Water Pollution Records
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§ 5.175. INSPECTION OF WATER POLLUTION RECORDS.
Text of section effective upon delegation of NPDES permit authority
(a) All information, documents, and data collected by the
commission in the performance of its duties are the property of the
state.
(b) Except as provided by Subsection (c) of this section,
records, reports, data, or other information obtained relative to
or from sources or potential sources of discharges of water
pollutants shall be available to the public during regular office
hours.
(c) If a showing satisfactory to the executive director is
made by any person that those records, reports, data, or other
information, other than effluent data, would divulge methods or
processes entitled to protection as trade secrets, the commission
shall consider those records, reports, data, or other information
as confidential.
(d) This chapter may not be construed to make confidential
any effluent data, including effluent data in records, reports, or
other information, and including effluent data in permits, draft
permits, and permit applications.
(e) Records, data, or other information considered
confidential may be disclosed or transmitted to officers,
employees, or authorized representatives of the state or of the
United States with responsibilities in water pollution control.
However, this disclosure or transmittal may be made only after
adequate written assurance is given to the executive director that
the confidentiality of the disclosed or transmitted records, data,
or other information will be afforded all reasonable protection
allowed by law by the receiving officer, employee or authorized
representative on behalf of, and under the authority of, the
receiving agency or political entity.
(f) The executive director may not disclose or transmit
records, data, or other information considered confidential if he
has reason to believe the recipient will not protect their
confidentiality to the most reasonable extent provided by law.
Amended by Acts 1985, 69th Leg., ch. 795, § 1.001, 1.168; Acts
1991, 72nd Leg., 1st C.S., ch. 3, § 1.016, eff. Aug. 12, 1991.
For text of section effective until delegation of NPDES permit
authority, see § 5.175 ante
Section: 1.001 1.002 1.003 5.053 5.175 5.176 5.1765 5.177 5.1771 5.1772 5.1773 5.178 5.179
Last modified: August 10, 2007
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