(A) Information and data 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 confidential status. When requested by the person furnishing a report, a determination may be made of the portions of a report which might disclose trade secrets or secret processes that shall not be made available for inspection by the public but made available upon request to governmental agencies for uses related to the ordinance, the National Pollutant Discharge Elimination System (NPDES) permit, state’s disposal system permit and/or the pretreatment programs; provided, however, that, the portions of a report shall be available for use by the state or U.S. EPA in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(B) (1) Information accepted by the POTW as confidential shall not be transmitted to the general public by the POTW until and unless a 10-day notification is given to the user and consent of the submitter has been obtained.
(2) Any such claim of confidentiality must be asserted at the time of submission in the manner prescribed on the application form or instructions, or in the case of other submissions by stamping the words “confidential business information” on each page containing such information.
(3) All information shall be treated as confidential when requested by the user and shall not be reclassified without written notice to the user and opportunity for review and/or hearing.
(Prior Code, § 51.077) (Ord. 7650, passed 2-14-1994)