The following confidentiality provisions shall apply.
(a) All information and data submitted to the City relating to matters regulated in this division are presumed not to be confidential.
(b) Information submitted pursuant to this division which the user deems confidential shall be clearly marked on each page as to the portion or portions considered confidential and accompanied by a written explanation why the user considers the information confidential. Simply marking a page “confidential” imposes 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. Such information shall be made available to governmental agencies, on written request, for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit and the pretreatment programs. However, all such information shall be available for use by the State, any State agency or the City in judicial review or any other enforcement proceedings involving the user furnishing the information. The City shall notify any user, who has requested and is entitled to confidentiality, when the City has sent such confidential information to another governmental agency.
(d) Where a user has mass-based limits as allowed by certain CPS on a production basis, the production data necessary to determine compliance must also be provided by the user to the City and be available to the public. Where 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 City and be available to the public.
(f) Observations made by City inspectors are subject to the confidentiality provisions of this section, if the user specifies in writing to the City the observations made by the City inspector for which the user seeks confidentiality.
(g) If a member of the public requests information which the user has marked “confidential” and for which the user has submitted a written explanation concerning its confidentiality, the City shall notify the user of the request and of the City’s intention to release or not to release the information to the requestor.
(Ord. 3630, passed 12-13-2004)