OAR 340-100-0005: Public Availability of Information

(1) Upon request, the Department shall make available Department records regarding facilities and sites for the treatment, storage, and disposal of hazardous waste, in accordance with ORS 192.410 through 192.500. (2) Within 20 days of receipt of a request for records, under section (1) of this rule, the Department shall either grant or deny the request. If the Department fails to act within 20 days, the request shall be deemed to be denied. (3) In the event that a request for records is denied, the Department shall notify the requestor, in writing, of the basis for the denial and of the requestor’s right to appeal the denial to the Attorney General of the State of Oregon, as provided in ORS 192.450. (4) In the event that a claim of confidentiality has been made, under OAR 340-100-0003, and such claim cannot be resolved within 20 days of receipt of a request for records, the Department shall notify the requestor within that 20-day period that the request is denied until the claim of confidentiality can be resolved. (5) The Department shall consider the reduction or waiver of any fees required to provide copies of records, if the records are requested by the news media, a non-profit public interest group, or any other person or entity, and the requestor provides a written statement in support of reduction or waiver. The Department may reduce or waive fees, if the Department determines that reduction or waiver serves the public interest, taking into consideration the magnitude of the request, the Department’s resources, whether the information would not be obtainable by the requestor without the reduction or waiver and any other factors relevant to the public interest.