34A-1-14. Records and information available to public–Exception to protect trade secrets–Authorized use–Violation as misdemeanor.
Any records, reports, or information obtained by the department or board from owners or operators of an air contaminant source or sources shall be available to the public, except that upon a showing satisfactory to the board by the owners or operators of an air contaminant source that the records, reports, or information obtained by the department or board regarding processes or production technique are sufficiently unique to affect adversely the competitive position of the owner or operator by revealing trade secrets, the department and board shall consider the record, report, or information or particular portion thereof confidential in the administration of this chapter. Nothing in this section prevents the disclosure of otherwise confidential records or information by the department or board, or any department, agency, or officer of state government if necessary for the prosecution of violations of the chapter or rules promulgated pursuant to this chapter. Nothing in this section prevents the use of such records or information by the department, or any department, agency, or officer of the state government in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere if the analyses or summaries do not identify, directly or indirectly, any owner or operator or reveal any information otherwise confidential under this section. Notwithstanding the provisions of this section, all data relating to air pollution emissions as defined in §34A-1-2, are public records, and subject to public disclosure as provided in §1-41-24.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1970, ch 203, §§13, 15; SDCL Supp, §34-16A-21; SL 1973, ch 222, §5; SL 1977, ch 190, §30; SL 1995, ch 203, §1.; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 52, eff. Apr. 19, 2021.