Montana Code Annotated 2019



Part 3. Classification and Standards

Confidentiality Of Base Numeric Standards And Nutrient Standards Variances

75-5-314. Confidentiality of base numeric standards and nutrient standards variances. (1) Except as provided in 80-15-108 and subsection (2) of this section, information concerning base numeric nutrient standards or nutrient standards variances that is furnished to the board or department or that is obtained by either of them is a matter of public record and open to public use.

(2) Information unique to the owner or operator of a source of a discharge related to base numeric nutrient standards or nutrient standards variances that would, if disclosed, reveal methods or processes entitled to protection as trade secrets as defined in 30-14-402 must be maintained as confidential if so determined by a court of competent jurisdiction.

(3) (a) The owner or operator shall file a declaratory judgment action to establish the existence of a trade secret if the owner or operator wishes the information to remain confidential.

(b) The department must be served in the action and may intervene as a party.

(c) Information not intended to be public when submitted to the board or department must be submitted in writing and clearly marked as confidential.

History: En. Sec. 4, Ch. 267, L. 2011.