Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits
and monitoring programs and from the Town Engineer'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 Engineer, that the release of such
information would divulge information, processes or methods of production
entitled to protection as trade secrets under applicable state or
federal 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 SPDES program or pretreatment program,
and in enforcement proceedings involving the person furnishing the
report. Wastewater constituents and characteristics and other effluent
data as defined by 40 CFR 2.302 will not be recognized as confidential
information and will be available to the public without restriction.