(A) Information and data furnished to the authority with respect to nature and frequency of discharge shall be available to the public or governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the authority that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger. Any such request must be asserted at the time of submission of the information of data.
(B) When requested and demonstrated by a discharger furnishing a report that such information should be held confidential, the portions of a report which may 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 subchapter, the national pollutant discharge elimination system (NPDES) permit, state disposal 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 discharger furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 will not be recognized as confidential information and shall be available to the public without restriction.
(C) Information accepted by the authority as confidential shall not be transmitted to any governmental agency or to the general public by the authority until and unless a ten day notification is given to the discharger.
(Ord. 12-2683, passed 8-20-12)