Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits,
and monitoring programs, and from the Superintendent's, or his/her
designee'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,
or his/her designee, 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.