Information and data on a user obtained from reports, surveys, wastewater discharge
permit applications, individual wastewater discharge permits, general permits, and
monitoring programs, and from the director'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 director, 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 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, as defined at 40 CFR 2.302 shall not be recognized as confidential
information and shall be available to the public without restriction.
(Ord. No. 2011-13, § 1, 4-19-11)
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