Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
116.075 HEARINGS AND RECORDS PUBLIC.
Subdivision 1. Public records. All hearings conducted by the Pollution Control Agency
pursuant to sections 103F.701 to 103F.761 and chapters 115 and 116 shall be open to the public,
and the transcripts thereof are public records. All final records, studies, reports, orders, and other
documents prepared in final form by order of, or for the consideration of, the agency, are public
records. Any documents designated as public records by this section may be inspected by members
of the public at all reasonable hours and places under such rules as the agency shall promulgate.
Subd. 2. Confidential records; conditions; exceptions. Any records or other information
obtained by the Pollution Control Agency or furnished to the agency by the owner or operator
of one or more air contaminant or water or land pollution sources which are certified by said
owner or operator, and said certification, as it applies to water pollution sources, is approved in
writing by the commissioner, to relate to (a) sales figures, (b) processes or methods of production
unique to the owner or operator, or (c) information which would tend to affect adversely the
competitive position of said owner or operator, shall be only for the confidential use of the agency
in discharging its statutory obligations, unless otherwise specifically authorized by said owner or
operator. Provided, however that all such information may be used by the agency in compiling or
publishing analyses or summaries relating to the general condition of the state's water, air and land
resources so long as such analyses or summaries do not identify any owner or operator who has so
certified. Notwithstanding the foregoing, the agency may disclose any information, whether or not
otherwise considered confidential which it is obligated to disclose in order to comply with federal
law and regulations, to the extent and for the purpose of such federally required disclosure.
History: 1971 c 887 s 1; 1973 c 374 s 20; 1985 c 248 s 70; 1987 c 186 s 15; 1990 c 391
art 10 s 3
Subdivision 1. Public records. All hearings conducted by the Pollution Control Agency
pursuant to sections 103F.701 to 103F.761 and chapters 115 and 116 shall be open to the public,
and the transcripts thereof are public records. All final records, studies, reports, orders, and other
documents prepared in final form by order of, or for the consideration of, the agency, are public
records. Any documents designated as public records by this section may be inspected by members
of the public at all reasonable hours and places under such rules as the agency shall promulgate.
Subd. 2. Confidential records; conditions; exceptions. Any records or other information
obtained by the Pollution Control Agency or furnished to the agency by the owner or operator
of one or more air contaminant or water or land pollution sources which are certified by said
owner or operator, and said certification, as it applies to water pollution sources, is approved in
writing by the commissioner, to relate to (a) sales figures, (b) processes or methods of production
unique to the owner or operator, or (c) information which would tend to affect adversely the
competitive position of said owner or operator, shall be only for the confidential use of the agency
in discharging its statutory obligations, unless otherwise specifically authorized by said owner or
operator. Provided, however that all such information may be used by the agency in compiling or
publishing analyses or summaries relating to the general condition of the state's water, air and land
resources so long as such analyses or summaries do not identify any owner or operator who has so
certified. Notwithstanding the foregoing, the agency may disclose any information, whether or not
otherwise considered confidential which it is obligated to disclose in order to comply with federal
law and regulations, to the extent and for the purpose of such federally required disclosure.
History: 1971 c 887 s 1; 1973 c 374 s 20; 1985 c 248 s 70; 1987 c 186 s 15; 1990 c 391
art 10 s 3
Official Publication of the State of Minnesota
Revisor of Statutes