(a) Any information submitted to the superintendent pursuant to this chapter may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission by stamping the words “confidential business information” on each page containing such information. Information submitted prior to the inclusion of this section in the chapter may be withdrawn and replaced by submittals stamped “confidential business information.” If no such claim is made at the time of submission the information may be made available to the public without further notice.
Upon receipt of a request for the release of information to the public which includes information which the discharger has notified the superintendent is claimed to be a trade secret or sensitive as provided herein, the superintendent shall notify the discharger in writing of the request by certified mail, return receipt requested. The superintendent shall release the information to the public, but not earlier than thirty days after the date of mailing the notice of the request for information, unless, prior to the expiration of the thirty-day period, the discharger files an action in an appropriate court for a declaratory judgment that the information is subject to protection under the laws of the state or for an injunction prohibiting disclosure of the information to the public and promptly notifies the superintendent of that action. This section does not permit a discharger to refuse to disclose the information required pursuant to this chapter to the superintendent.
(b) Information and data provided to the superintendent pursuant to this section which constitutes effluent or flow data, as defined at 40 CFR 2.302, shall be available to the public without restriction.
(c) A discharger may be prohibited from discharging a substance unless its composition is made known to the superintendent.
(Ord. 5084 § 2 (part), 2010)