§ 6-13.402. Public access to information and confidentiality.
Latest version.
Information and data on a user obtained from reports, surveys, wastewater discharge
permit applications, individual wastewater discharge 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 that such information should be held confidential, the portions of a report
which might disclose trade secrets or secret processes will not be made available
for inspection by the public. Any and all information deemed confidential will 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(s) furnishing the report. Wastewater pollutants and characteristics and
other effluent data, as defined at 40 CFR 2.302, shall not be recognized as confidential information and must be available
to the public without restriction.
(§ 1, Ord. 1170, eff. April 21, 2011)
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