(A) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections must be available to the public or other governmental agency without restriction 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 confidential information of the user. Information which the federal Department of Homeland Security has categorized as "critical infrastructure information" is exempt from disclosure under the federal Homeland Security Act of 2002, Pub. L. No. 107-296.
(B) When requested by the person furnishing a report, the portions of the report which might disclose trade secrets or secret processes must not be made available for inspection by the public, but must be made available upon written request to governmental agencies for uses related to this chapter and/or the National Pollutant Discharge Elimination System; provided, however, that the portions of a report must be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report (40 CFR § 403.8(f)(1)(vii)). Information and data provided to the control authority pertaining to effluent constituents and characteristics must be available to the public without restrictions (40 CFR § 403.14(b)). However, information which the federal Department of Homeland Security has categorized as "critical infrastructure information" is exempt from disclosure under the federal Homeland Security Act of 2002, Pub. L. No. 107-296.
(Ord. 1093, passed 2-17-04)