(a) Information and data on a user obtained from reports, questionnaires, permit applications, permits, reports and monitoring programs, and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests, and is able to demonstrate to the satisfaction of the director, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted by the user at the time of, or prior to, initial submission of the information or data to the director.
(b) When timely requested by the person furnishing a report, the portions of a report which might disclose trade secrets shall not be made available for inspection by the public, but shall be made available to governmental agencies, upon their written request, for uses related to this division, the national pollutant discharge elimination system (NPDES) permit, nondischarge permit and/or pretreatment program. The alleged trade secret portions of a report shall also be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics shall not be recognized as trade secrets.
(c) All records relating to compliance with pretreatment standards and requirements shall be made available to officials of the approval authority and EPA, upon request.
(Code 1982, § 19-96; Ord. No. 94-036, 12-8-1994; Ord. No. 2011-Code-09, 12-15-2011)
State law reference—Trade secrets not public records, G.S. 132-1.2.