(A) Information and data on 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 and is able to demonstrate to the satisfaction of the environmental officer that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user under applicable state law. Any such request must be asserted at the time of submission of the information or data. Any information requested to be held confidential shall be stamped “confidential business information,” “confidential,” or “privileged” on each page containing such information by the user at the time the information is submitted.
(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 for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this chapter, the applicable TPDES permit issued for the operation of the POTW, 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 injudicial review or enforcement proceeding involving the person furnishing the report. Effluent data as defined in 40 C.F.R. § 2.302 will not be considered confidential and will be available to the public without restriction.
(Ord. 160726-A, passed 7-26-2016)