Section 0400-40-01-.04 - INFORMATION - PROCUREMENT, RELEASE AND DISTRIBUTIONT.C.A. § 69-3-113 provides authority to the Board or Commissioner to seek and obtain pertinent information necessary to further the goals of the act. The following regulations shall serve to implement that Section.
(1) Waters The provisions in T.C.A. § 69-3-113 shall apply to both intrastate and interstate waters, and to all other waters as defined in T.C.A. § 69-3-103(33).
(2) Release and Distribution (a) All information compiled by the Division of Water Resources and recorded in its offices, is public information, except any information that has been declared by the Board or the Commissioner as representing or revealing a secret process, information, formula or method. The Commissioner shall not divulge information claimed to be confidential unless he/she first notifies the supplier of such information that it has been requested and offers the supplier opportunity to defend such classification. Information so declared shall be considered confidential, and shall be placed in a security file. In any event, such information shall not, for any reason, be available to persons other than board members, the Commissioner, and staff of the Division of Water Resources. Provided, however, that any confidential information shall be made available to the Administrator, and the Commissioner shall divulge to the public any of that information the administrator finds is not entitled to protection as a trade secret.(b) All other recorded information will be available to the public pursuant to the following conditions: 1. During normal office hours of 8:00 a.m. - 4:30 p.m.2. Under the observation of a member of the staff of the Division of Water Resources.3. Copies of compiled records and information will be made available upon request at a cost based upon the requirements of Rule0400-01-01-.01.4. No recorded information shall be removed from the offices of the Division.(c) Recorded transcripts of public hearings can be made available to parties to such hearing. Written transcripts are not available. In a public hearing, any interested person attending will be considered a party to the hearing.(d) Copies of general information material will be provided at no charge except as provided below. Any electronic versions of this material will also be provided free of charge. Such material includes the act, regulations adopted and approved by the Board, annual reports, leaflets, pamphlets and other similar educational materials available in multiple copies. When the supply of such materials is depleted, multiple copies thereof for widespread distribution will not be made by use of office duplicating equipment. A furnishing of multiple copies of such materials shall be delayed until another printing. Instead, individual copies may be provided upon request, at the discretion of the Division and at a cost based on the requirements of Rule 0400-01-01-.01.(e) All charges for copies of records and information provided for herein shall be prepaid and payable to the Tennessee Department of Environment and Conservation.(f) Public information may be made available electronically.Tenn. Comp. R. & Regs. 0400-40-01-.04
Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered1200-04-01.Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.