Information and data on a user obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits and monitoring programs, and from
the authority'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 authority, that the release of such information would divulge
information, processes, or methods of production entitled to protection as trade secrets
under applicable law. Any such request for confidentiality must be asserted at the
time the user submits the information or data. When requested and demonstrated by
the user furnishing a report that such information should be held confidential, the
portion 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 the request of governmental agencies for uses related to the NPDES program or
pretreatment program, and enforcement proceedings involving the person furnishing
the report. 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. (Ord. No. 4501, 10/13/07, Sec.
1)
