Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, 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 such information may be
kept as confidential in compliance with applicable local, state, and
federal law, including but not limited to MGL c. 66. Any such request
shall be asserted at the time of submission of the information or
data or shall be deemed waived. If the Director determines that the
user has satisfied all the above criteria, then 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
by 40 CFR 2.302, shall not be recognized as confidential information
and shall be available to the public without restriction.