Information and data pertaining to a user obtained from reports, surveys, wastewater discharge permit application forms, wastewater discharge permits and monitoring programs, and from the Industrial Pretreatment Coordinator’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 Industrial Pretreatment Coordinator, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When demonstrated by the user that such information should be held confidential and upon written request of the user, those portions of the information which disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. When any such information shall be furnished to a governmental agency, it shall be clearly identified as confidential information and shall be segregated from any non-confidential 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.
(Res. 1998-10-18-A, passed 10-19-1998; Ord. 180, passed 12-21-1998)