Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Director’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 Director, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets as stated in 40 C.F.R. part 2, which refers to public information. Any such request must be asserted at the time of submission of the information or data by stamping the words, “confidential business information” on each page containing such information. 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. Regardless of information being stamped “confidential business information”, this information shall be made available for governmental agencies for use in all matters pertaining to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report.
(Prior Code, § 54.69)