(A) Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other governmental agency without notification, unless the user specifically requests confidentiality and is able to demonstrate to the satisfaction of the District that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(B) The portions of such information which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon request to other governmental agencies for uses related to this chapter, the national pollutant discharge elimination system (NPDES) and/or the pretreatment program.
(C) Those portions of the information shall also be available for use by the state or any state agency in judicial review or enforcement proceedings involving the user furnishing the information. Wastewater constituents and characteristics will not be recognized as confidential information.
(D) Information and data requested from a user which the user believes to be proprietary and the release of which to the public would substantially impair the operations of the user may alternatively be provided to the District for its review at the facility of the user rather than provided to the District for its keeping, at the discretion of the District.
(E) The burden will be on the user to demonstrate to the satisfaction of the District that such information is proprietary and that this alternative procedure is necessary or appropriate and will not prevent the District from properly carrying out the objectives of this chapter.
(F) In any event, information accepted by the District as confidential shall not be transmitted to anyone, except the Environmental Protection Agency, the State Water Quality Control Board and/or the Regional Water Quality Control Board, until and unless a ten-day notification is given to the user.
(Ord. 2022-02, passed 3-31-2022)