1. (1) Any records, reports, and information obtained from any person under the provisions of this article shall be available to the public; except that any records granted confidentiality by the director of the division of oil and public safety or a designee, or granted confidentiality under existing Colorado statutes or rules, shall remain confidential.
2. (2) Any person making such confidential records available to any person or organization without authorization from the affected operator or owner commits a petty offense and shall be punished pursuant to section 18-1.3-503.
3. (3) Confidential records may be disclosed to officers, employees, or authorized representatives of the state or of the United States who have been charged with administering this article or subtitle I of the federal Resource Conservation and Recovery Act of 1976, as amended. Such disclosure shall not constitute a waiver of confidentiality.

Source: L. 95: Entire article added, p. 397, § 1, effective July 1. L. 2001: (1) amended, p. 1126, § 45, effective June 5. L. 2002: (2) amended, p. 1467, § 19, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3142, § 93, effective March 1, 2022. L. 2022: (2) amended, (HB 22-1229), ch. 68, p. 349, § 40, effective March 1; (2) amended, (SB 22-212), ch. 421, p. 2966, § 17, effective August 10.

Editor's note: (1) This section is similar to former § 25-18-106 as it existed prior to 1995.

(2) Amendments to subsection (2) by SB 22-212 and HB 22-1229 were harmonized.

(3) Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act changing this section applies to offenses committed on or after March 1, 2022; however, the Governor signed the act April 7, 2022.

Cross references: (1) For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.

(2) For the Resource Conservation and Recovery Act of 1976, as amended, see Pub.L. 94-580, codified at 42 U.S.C. § 6901 et seq.