[Ord. 1073, 11/8/2007]
1.
The EPA regulations, 40 CFR 2.201 through 2.302, addressing confidential
business information are hereby incorporated by reference. All City
employees and City agents are bound by these requirements.
2.
Information and data on a user obtained from reports, surveys, wastewater
discharge permit applications, wastewater discharge permits, and monitoring
programs, and from the City'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 City, 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 by 40 CFR 2.302 will not be recognized
as confidential information and will be available to the public without
restriction.
