Information and data on a user or customer obtained from reports, surveys, industrial wastewater discharge permit applications, industrial wastewater permits, and monitoring programs, and from the town'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 town that the release of such information would be a misuse of public records because it would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted by the user at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that some or all the information therein should be held confidential, those portions of the report shall not be made available for public inspection but the town shall, instead, take reasonable steps in accordance with state law to obtain an order closing those portions of the record to the inspection. However, nothing herein shall preclude the town from making such records available 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. Note that 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. 99-04, passed 2-16-99)