(A) Information and data obtained by the city from reports, questionnaires, permit applications, permits and monitoring programs shall be available to the public and other governmental agencies without restriction unless the permit holder requests in writing that it be confidential and demonstrates to the satisfaction of the City Manager that such records are exempt from disclosure under ORS 192.345 or 192.355. Notwithstanding anything herein to the contrary, all such data shall be available at least to the extent necessary that the City Manager can ensure compliance with the requirements of 40 C.F.R. § 2.302 and to state and federal agencies as required during judicial or enforcement proceedings involving the nonresidential user.
(B) When confidentiality is requested and the right thereto is established by the permit holder, the confidential information shall not be made available for inspection by the public but may be made available upon written request to governmental agencies for uses related to this subchapter, the NPDES permit or pretreatment programs. However, all portions of a report shall be available for use by the city or state in judicial or enforcement proceedings involving the person furnishing the report.
(Ord. 1287, passed 3-1-2021)