Information and data with respect to a user that is contained
in reports, surveys, wastewater discharge permit applications, individual
wastewater discharge permits, general permits, and that is or may
be obtained from monitoring programs and from the pretreatment coordinator's
inspection and sampling activities, is available to the public without
restriction, except as follows. If the user is able to demonstrate
to the pretreatment coordinator that the release of such information
would divulge information, processes, or methods of production entitled
to protection as trade secrets under the California Public Records
Act, and requests that the information be kept confidential, the pretreatment
coordinator must withhold the information. Any request to keep the
information confidential must be made at the time of submission of
the information or data and must be accompanied by an agreement to
defend and indemnify the city in the event that litigation is brought
by any person challenging the city's withholding of the information.
Even in cases where portions of a report are not available for inspection
by the public, they may be made available upon the request of governmental
agencies whose jurisdiction is 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, are not recognized as confidential
information and will be available to the public without restriction.
(Ord. 757 § 8, 2010; Ord. 816 § 4, 2019)
