(a) Information and data obtained from reports, surveys, permit applications, permits and monitoring programs, and from a director’s inspection and sampling activities, shall be available to the public without restriction, unless the owner, operator or permittee specifically requests, and is able to demonstrate to the satisfaction of the city, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under the Texas Public Information Act.
(b) A person making an assertion of confidentiality shall do so at the time the information or data is submitted as follows.
(1) A cover sheet, stamped or typed legend, or other form of written notice shall be placed on or attached to the information, denoting it as “trade secret,” “proprietary” or “confidential;”
(2) At the time of submission, the document must be stamped the words “confidential business information” on each page containing such information. If no claim is made at the time of submission, director may make the information available to the public without further notice under applicable laws, including but not limited to the Texas Public Information Act. If a claim of confidentiality is asserted, the information will be made publicly available only to the extent authorized, and under the procedures established, by the applicable law;
(3) If only portions of a document are alleged to be confidential, such portions shall be clearly identified, and may be submitted separately to facility handling and identification by a director; and
(4) If the submitter wants the information to remain confidential only to a certain date or until the occurrence of a certain event, this shall also be clearly provided for in the request.
(c) All submitted records will be made available immediately upon request to governmental agencies for uses related to the city’s TPDES programs or pretreatment program, and in enforcement proceedings involving the person furnishing the report.
(d) Wastewater constituents and characteristics and other effluent data will not be recognized as confidential information and will be available to the public without restriction.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 17074, § 3, passed 7-25-2006)