Confidentiality of Records

(a)Reports and records submitted to the Agency by any person on the ownership, installation, or operation of aboveground storage tanks or tank systems shall be made available for inspection by the public during established office hours, except as provided in this Section.

(b)Upon a showing satisfactory to the Agency that public disclosure of records, reports, or information, or a particular part thereof, to which the Agency’s representative has access to under this Section would divulge information entitled to protection under Guam’s Sunshine Reform Act of 1999, the Agency shall consider the information or particular portion thereof to be confidential.

(c)No confidential information secured pursuant to this Section by any official or employee of the Agency within the scope of the official’s or employee’s employment in the prevention, control, or abatement of releases from aboveground storage tanks or tank systems, shall be disclosed by the COL3/1/2019 CH. 76 UNDERGROUND STORAGE OF REGULATED SUBSTANCES official or employee with following exceptions: the document or information may be disclosed to officers, employees, or authorized representatives of Guam or of the United States, including county government entities, who have been charged with carrying out this Chapter, or when relevant in any proceeding under this Chapter.

(d)Where such information constitutes confidential business information under federal or local law, it shall be submitted as such to federal or local entities.