Information and data on a user obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, and monitoring programs, and from
the administrator's inspection and sampling activities, shall be available to the
public without restriction, unless the user specifically requests, and is able to
demonstrate to the satisfaction of the administrator, that the release of such information
would divulge information, processes, or methods of production entitled to protection
as trade secrets under applicable state law. Any such request must be asserted at
the time of submission of the information or data. When requested and demonstrated
by the user furnishing a report that such information should be held confidential,
the portions of a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public, but shall be made available immediately
upon request to governmental agencies for uses related to the NPDES program or pretreatment
program, and in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other effluent data as defined by
40 CFR 2.302 will not be recognized as confidential information and will be available
to the public without restriction.
(Ord. No. 98-17, § 9, 8-4-98)
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