The following provisions shall apply regarding the treatment by the POTW of confidential information submitted to or obtained by the POTW in the administration of this chapter:
(a) Information and data regarding a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests at the time of submission and is able to demonstrate to the satisfaction of the POTW Manager, and in accordance with applicable state and federal laws and regulations, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(b) Information submitted by a user for which confidentiality is requested shall be clearly marked on each page as to the portion or portions considered by the user to be confidential and shall be accompanied by a written explanation of why the user considers the information to be confidential or why the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(c) Information that may disclose trade secrets or trade secret processes, and for which the user has requested, and been granted, confidentiality as provided by this section, shall not be made available for inspection by the general public; however, that information shall be made available upon written request to governmental agencies for uses related to matters regulated by this chapter and shall be made available for use by the state, any state agency, or the POTW in judicial review or enforcement proceedings that involve the user that furnished the information. The POTW shall notify the user ten days in advance if it intends to release confidential information to another governmental agency as authorized by this section.
(d) Information furnished to the POTW 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.
(e) If a user has mass-based limits as allowed by certain categorical pretreatment standards on a production basis, the production data necessary to determine compliance must also be provided by the user to the POTW, and shall be available to the public. If application of the combined waste stream formula is necessary to apply categorical pretreatment standards to a user, the flow measurements and other data used in the calculation must be provided by the user to the POTW, and shall be available to the public.
(f) Observations made by POTW and/or Local Unit inspectors shall be subject to the confidentiality provisions of this section as if they were in writing if the user specifies to the POTW and the Local Unit in writing for which particular observations made by the inspector the User seeks confidentiality.
(g) All confidential information and/or data with respect to a particular user which is on file with the POTW shall be made available upon written request by that user or its authorized representative during regular business hours.
(Ord. 2009-02. Passed 5-11-09.)