(A) Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, general wastewater discharge permits, monitoring programs, and from the Superintendent’s inspection and sampling activities, shall be available to the public in accordance with applicable state law regarding access to public records. Compliance with the Indiana Access to Public Records Act (IC 5-14-3) shall dictate policy with regard to the release of information maintained by the control authority.
(B) Information shall be provided to the general public in accordance with IC 5-14-3, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Superintendent, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data.
(C) When requested and demonstrated by the user furnishing a report that such information should be held confidential, 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 immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.
(Ord. 6619, passed 1-28-13)