§ 108-11. 21E report information disclosure.

A. 

The Health Department shall be the repository of information relating to releases of hazardous materials. Any person possessing hazardous material release information has an obligation to submit such information to the Health Department. Every professional engineer and/or other person conducting a 21E report analysis shall submit a copy of the final report to the Health Department within 21 days of completion of the report. Nothing shall contravene with § 12 of Chapter 21E of the Massachusetts General Laws.

B. 

If a person believes that the information required by this chapter involves the release of a trade secret, the person shall nevertheless make the disclosure to the Director of Public Health and shall notify the Director of Public Health in writing of that belief on the inventory document.

C. 

The Director of Public Health and the Fire Chief shall protect from disclosure any trade secret designated as such by the operator.

D. 

Upon receipt of a request for the release of information to the public which includes information of which the operator has notified the Director of Public Health is a trade secret, the Director of Public Health shall notify the operator in writing of the request by certified mail, return receipt requested. The Director of Public Health shall release the information to the public within 10 days of receipt of a written request, but no earlier than three days after the date of mailing the notice of the request for information, unless, prior to the expiration of the ten-day period, the operator files an action in an appropriate court for a declaratory judgment that the information is subject to protection or for an injunction prohibiting disclosure of the information to the public and promptly notifies the Director of Public Health of that action.

E. 

Any information which is confidential pursuant to this and/or § 108-4 shall not be disclosed to anyone except the following:

(1) 

An officer or employee of the Town, county, state, or the United States, in connection with the official duties of that officer or employee under any law for the protection of health, or to a contractor with the Town and their employees if, in the opinion of the Director of Public Health, disclosure is necessary and required for the satisfactory performance of a contract, for performance of work, or to protect the health and safety of the employees of the contractor. Fire and emergency rescue personnel and Health Department personnel operating within the jurisdiction of the Town shall be considered employees of the Town, as the case may be.

(2) 

Any licensed physician where the physician certifies in writing to the Health Department that the information is necessary to the medical treatment of the physician's patient.