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Compliance and Technical Assistance Program

CTAP > Confidentiality Mandate Confidentiality Mandate

The Confidentiality Mandate for IDEM's Compliance and Technical Assistance Program (CTAP) IC 13-28-3-4 (IC 13-10-2-4 before recodification in 1996).

Inquiries made to the program and activities and documents of the program that identify or describe an individual facility or operation are confidential, unless a clear and immediate danger to the public health or environment exists. Information concerning inquiries, activities, and documents of the program that identify or describe an individual facility or operation may not be made available for use by other divisions of the department without the consent of the person who:

  1. made the inquiry;
  2. participated in the activity; or
  3. provided the document.

CTAP cannot, by law, divulge your business-specific information to other divisions of IDEM unless something you are doing presents a clear and immediate danger to the public health or the environment. “Clear and immediate danger” is generally considered to be an acute danger, causing irreparable damage to public health or the environment. Since its inception in 1995, CTAP has never had to override confidentiality because a clear and immediate danger was present.