(a) Retention. All users subject to this chapter, shall retain and preserve for not less than three years any records, books, documents, memoranda, reports, correspondence documentation associated with Best Management Practices, and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by, or on behalf of, a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the City pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(Ord. 1991-118. Passed 8-6-91; Ord. 2010-69. Passed 6-8-10.)
(b) Confidential Information.
(1) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections, shall 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 and/or governmental agency that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(2) When requested by the person furnishing a report, the portions of a report which might disclose trade 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 chapter, the NPDES permit, State disposal system 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 individual furnishing the report. Wastewater constituents and characteristics shall not be recognized as confidential information. Information accepted by the City as confidential shall not be transmitted to any governmental agency or to the general public by the City unless ten days' notification is given to the user.
(Ord. 1991-118. Passed 8-6-91.)