KRS 224.71-135: Confidentiality of documents relating to plans submitted by agriculture

operations.

For purposes of KRS 224.71 -100 to 224.71 -140, any documents relating to agriculture

operations' agriculture water quality plans, conservation plans, or forest stewa rdship

management plans, submitted to a local conservation district office or a state agency shall

be confidential, and their disclosure to anyone other than a state or federal official is

prohibited. The privilege of confidentiality given under this secti on does not apply to an

agriculture operation's application for financial assistance from the soil erosion and water

quality cost share program. The confidentiality given under this section shall not preclude

disclosure of an agriculture operation's agricu lture water quality plan to the Agriculture

Water Quality Authority pursuant to a request by the authority for the purpose of the

authority carrying out its statutory duties. In a civil or administrative proceeding, after a

private review consistent with t he Kentucky Rules of Civil Procedure, all documents

claimed confidential under this section shall be disclosed if the court or hearing officer

determines that the documents claimed confidential show evidence of noncompliance

with this chapter or with appli cable federal, state, or local law. The party asserting the

privilege of confidentiality shall have the burden of showing that the privilege is properly

asserted. If any person engaged in an agriculture operation is deemed a "bad actor" under

KRS 224.71-130(2), the privilege of confidentiality given under this section to documents

relating to the bad actor's agriculture operation shall be lost. The confidentiality granted

by this section shall not prohibit disclosure of statistical information not descripti ve of

any identifiable agriculture operation or person. Nothing in this section shall prohibit

disclosure of agency reports, monitoring or sampling data, and other information

contained in state or local conservation district files relating to water qualit y compliance

and investigations or notices under KRS 224.71-130.