(A) Except for data determined to be confidential under 40 C.F.R., part 2, information and data on a user obtained from reports, questionnaires, permit applications, permits, effluent data and monitoring programs and from inspections shall be available to the public or other governmental agency 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 divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(B) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available upon written request to governmental agencies for uses related to this chapter, the national pollutant discharge elimination system (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(C) Information accepted by the town as confidential, shall not be transmitted to the general public by the town until and unless a ten-day notification is given to the user and approved by the user.
(D) This section shall not be construed to prohibit the town from disclosing data obtained pursuant to the pretreatment program to the EPA. The EPA shall have the right to obtain all such data regardless of whether general public access could be restricted pursuant to this section.
(Ord. 09-03, passed 2-10-2009)