Information and data on a user obtained from reports, surveys, and from the Superintendent'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 Superintendent that the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. Any 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 the information should be held confidential, the portions of a report that might disclose trade secrets or secret processes must not be made available for inspection by the public, but must 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 made available to the public without restriction.
(`92 Code, § 9-52) (Ord. 96-54, passed 12-12-96; Am. Ord. 2011-06, passed 3-24-11)