§ 53.65  CONFIDENTIAL INFORMATION AND PUBLICATION OF NOTICE OF NONCOMPLIANCE.
   (A)   Information and data on any user obtained from reports, surveys monitoring programs, and from the Superintendent’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 Town Council that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets, or is information that cannot be publicly disclosed under applicable state or federal law. Any such request must be asserted by the user at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might 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. Wastewater constituents and characteristics and other “effluent data” will not be recognized as confidential information and will be available to the public without restriction.
   (B)   The town shall publish annually, in the daily newspaper with the largest circulation published in Huntington County, Indiana, a fist of the users, if any, which, during the previous 12 months, were determined by the Town Council to have seriously violated, or been in substantial noncompliance with the provisions of this chapter.
(Ord. 2016-2, passed 11-14-16)  Penalty, see § 53.99