§ 52.43 CONFIDENTIAL INFORMATION.
   (A)   Information and data (other than effluent data) about a user obtained from reports, questionnaires, surveys, permit applications, permits, monitoring programs and inspections shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Town, that the release of such information would divulge information, processes or methods of production entitled to protection of trade secrets of the user. Any such request must be asserted at the time of submission of the information or data. When such a confidentiality claim is asserted, the information shall be treated as such until a determination is made by the POTW. Effluent data shall be available to the public without restriction.
   (B)   When the person furnishing a report satisfies the POTW that such person has made the demonstration required, the portions of a report that might disclose trade secrets or secret processes shall not be made available for inspection except by governmental agencies for uses related to this ordinance, the NPDES permit or the pretreatment program. Confidential portions of a report shall be available for the Control Authority in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater characteristics and constituents and other effluent data, as defined by federal or state regulation, will not be recognized as confidential information and will be made available to the public without restriction.
(Ord. 2011-06, passed 3-24-11)