(A) Publicly available information. Information and data on a user, obtained from reports, questionnaires, permit applications, permits, monitoring programs, inspections and sampling activities, shall be available to the public or any governmental agency without restriction upon submission of a Freedom of Information Act request unless the user specifically requests and is able to demonstrate to the satisfaction of the city, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted at the time of submission of the information or data.
(B) Trade secrets. When requested by the person furnishing a report, portions of any 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 National Pollutant Discharge Elimination System (NPDES) permit, KPDES, sludge 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 and shall be available to the public without restriction.
(C) Notification and confidential data. Information accepted by the city as confidential, shall not be transmitted to any governmental agency or to the general public by the city until and unless a ten (10) day notification is given to the user.
(Ord. 2024-1867, passed 7-11-24)