(A) All information and data submitted to the city relating to matters regulated in this chapter are presumed not to be confidential.
(B) Information submitted pursuant to this chapter which the user deems confidential shall be clearly marked by the user on each page as to the portion or portions considered by the user to be confidential, and accompanied by a written explanation from the user why the user considers the information confidential. Simply marking a page “confidential” shall impose no obligation on the city to keep the information confidential.
(C) Information furnished to the city on the volume or characteristics of wastewater or pollutants discharged, or proposed to be discharged, into the POTW shall be available to the public or other governmental agency without restriction. Information that discloses trade secrets or secret processes and is clearly marked as such, shall not be made available for inspection by the public except as required by the Michigan Freedom of Information Act, Act 442 of 1976, as amended (FOIA). Such information shall be made available to governmental agencies, upon written request, for uses related to this chapter, the city’s NPDES permit, and the city’s IPP. However, all such information shall be available for use by the EPA, the MDEQ or any state agency, or the city in judicial review or any other enforcement proceedings involving the user furnishing the information. The city will notify the user who has requested and is entitled to confidentiality when a user’s confidential information has been sent to another governmental agency.
(D) Where a user has mass-based limits or limits based on production rates, the flow or production data provided by the user to determine compliance shall be available to the public. Where application of the combined waste stream formula is necessary to apply national categorical pretreatment standards to a user, the user’s flow and other data used in the calculation shall also be available to the public.
(E) Observations made by city inspectors are subject to the confidentiality provisions of this section, if the user specifies in writing to the city inspector specific observations made by the inspector for which the user seeks confidentiality.
(F) If a member of the public requests information for which the user has marked confidential and submitted a written explanation concerning its confidentiality, the city will notify the user in writing of the request and of the city’s intention to release or not to release the information to the requestor.
(G) This section shall be interpreted in a manner which complies with the FOIA.
(Ord. 257, passed 6-3-91; Ord. 333, passed 5-16-16) Penalty, see § 51.999