(A) Circumstances in which information may be treated as confidential, and not open to public inspection. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs, and from the Superintendent's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Superintendent, that the release of this 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.
(B) Information containing trade secrets or secret processes. When requested and demonstrated by the user furnishing a report that this 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 by 40 C.F.R. § 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(C) Disclosure of trade secrets or secret processes to government entities. Trade secrets or secret process 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 the portions of a report shall be made available for use by the state or state agency in judicial review or enforcement proceedings involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the Authority as confidential, shall not be transmitted to any governmental agency or to the general public by the Authority until and unless a ten-day notification is given to the discharger.
(Ord. 733, passed 12-10-2007)