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8-7-511. Furnishing of information.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-511. Furnishing of information.
(a) For purposes of assisting in determining the need for remedial action in connection with a release or threat of release of hazardous substances under this subchapter or for enforcing the provisions of this subchapter, any person who stores, treats, or disposes of hazardous substances, or, if necessary to ascertain facts not available at the site or facility where the hazardous substances are stored, treated, or disposed of, any person who generates, transports, otherwise handles, or has handled hazardous substances shall, upon request of any officer or employee of the Division of Environmental Quality, furnish information relating to the hazardous substance and permit the person at all reasonable times to have access to and copy all records relating to the hazardous substances and to inspect and obtain samples of any such hazardous substances or other materials.
(b) However, any information which would constitute a trade secret under § 4-75-601 et seq., obtained by the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, the division, or any employees of the Department of Energy and Environment or the division, in the administration of this subchapter, except emission data, shall be kept confidential.
(c) Any violation of this section is a Class A misdemeanor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-511
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:8-7-511
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b2b421b1e352a3e55be67f5cebbb9a93412767fe238d2e7091ea23e7ae6fb26b
Source location: content.xml paragraph 7533
Stored source content
8-7-511. Furnishing of information.
(a) For purposes of assisting in determining the need for remedial action in connection with a release or threat of release of hazardous substances under this subchapter or for enforcing the provisions of this subchapter, any person who stores, treats, or disposes of hazardous substances, or, if necessary to ascertain facts not available at the site or facility where the hazardous substances are stored, treated, or disposed of, any person who generates, transports, otherwise handles, or has handled hazardous substances shall, upon request of any officer or employee of the Division of Environmental Quality, furnish information relating to the hazardous substance and permit the person at all reasonable times to have access to and copy all records relating to the hazardous substances and to inspect and obtain samples of any such hazardous substances or other materials.
(b) However, any information which would constitute a trade secret under § 4-75-601 et seq., obtained by the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, the division, or any employees of the Department of Energy and Environment or the division, in the administration of this subchapter, except emission data, shall be kept confidential.
(c) Any violation of this section is a Class A misdemeanor.
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-75-601. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means;
(2) “Misappropriation” means:
(A) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(B) Disclosure or use of a trade secret of another without express or implied consent by a person who:
(i) Used improper means to acquire knowledge of the trade secret; or
(ii) At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
(a) Derived from or through a person who had utilized improper means to acquire it;
(b) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(c) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake;
(3) “Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity;
(4) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(A) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-601
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-75-601. This identifies an authority to review, not proof of applicability.