West Virginia Code § 22-17-12

Confidentiality
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(a) Any records, reports or information obtained from any persons under this article shall be
available to the public, except that upon a showing satisfactory to the director by any person
that records, reports or information, or a particular part thereof, to which the director or any
officer, employee, or representative thereof has access under this section, if made public,
would divulge information entitled to protection under section 1905 of title e18 of the United
States Code, such information or particular portion thereof is confidential in accordance
with the purposes of this section, except that such record, report, docurment or information
may be disclosed to other officers, employees or authorized representatives of the United
States environmental protection agency or of this state if such officers, employees or
authorized representatives are implementing the provisions of this article.
(b) Any person who knowingly and willfully divulges or discloses any information entitled to
protection under this section is guilty of a misdemeanor and, upon conviction thereof, shall
be fined not more than $5,000, or imprisoned in the county jail for not more than one year,
or both fined and imprisoned.
(c) In submitting data under this article, a person required to provide such data may
designate the data which he or she believes is entitled to protection under this section and
submit such designated data separagtely from other data submitted under this article. A
designation under this subsection shall be made in writing and in such manner as the
director may prescribe. e

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