(a)
Information
and data on a user obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, 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 the release of such information would divulge information, processes,
or methods of production entitled to protection as trade secrets under
40 CFR part 2 (Public Information), Open Records Act of the Texas
Statutes and 40 CFR 403.14. Any such request must be asserted at the
time of submission of the information or data.
(b)
When
requested and demonstrated by the user furnishing the report that
such information should be held confidential, the portions of the
report which might disclose trade secrets or secret processes must
be stamped with the words “confidential information” and
shall not be made available to the public, but shall be made available
immediately upon request to governmental agencies for uses related
to the TPDES program, or pretreatment program, and in enforcement
proceedings involving the user furnishing the report. The user will
be provided notification of the transmittal of this information to
the governmental agency.
(c)
Wastewater
characteristics and constituents 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.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
