[Ord. No. 3393 §1, 4-20-2010]
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, individual wastewater discharge
permits and monitoring programs and from the Superintendent'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 Superintendent 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.
