The following provisions shall apply regarding the treatment by the POTW of confidential information submitted to or obtained by the POTW in the administration of this article:
A.
Except as otherwise expressly provided by this article, all information and data regarding a user's discharges obtained from reports, questionnaires, permit applications, permits, monitoring activities, and from inspections is subject to disclosure to the public and other governmental agencies pursuant to the Michigan Freedom of Information Act (MCL § 15.231 et seq.; Act No. 442 of the Public Acts of 1976, as amended).
B.
Information submitted to the Director in the administration of this article may be claimed by the user as confidential and not subject to public disclosure, only if all of the following requirements and conditions are met:
(1)
The information sought to be kept confidential qualifies as a protected trade secret or commercial or financial information as determined by the appropriate public official or is otherwise exempt from public disclosure under Act No. 442 of the Public Acts of 1976, as amended, (MCL § 15.231 et seq. (the Michigan Freedom of Information Act).
(2)
The user specifically requests at the time that the information is submitted that the release of the information would divulge information, processes, or methods of production entitled to protection as trade secrets or commercial or financial information of the user.
(3)
The information submitted by a user for which confidentiality is requested shall be clearly marked using the words the words "confidential business information" on each page as to the portion or portions considered by the user to be entitled to protection as trade secrets or commercial or financial information of the user; and shall be accompanied by a written explanation of why the user considers the information to be confidential or why the release of the information would divulge information entitled to protection as trade secrets or commercial or financial information.
C.
If information is determined to be protected as a confidential and not subject to public disclosure as provided by this article, the information shall be treated as provided by this article and applicable state and federal laws and regulations governing confidentiality of information submitted by users to the POTW; provided, however, that all such information shall nevertheless be made available upon written request to governmental agencies for uses related to matters regulated by this article and shall be made available for use by the state, any state agency, or the POTW in judicial review or enforcement proceedings that involve the user that submitted the information.
D.
Claims of confidentiality for the following information shall be denied and shall be subject to public disclosure as provided by this article: Information furnished to the POTW on the volume or characteristics of wastewater or pollutants discharged or proposed to be discharged by a user into the POTW. This shall include, but shall not be limited to, all information submitted on user permit applications; information associated with user monitoring or sampling results; information in required user reports and notifications; and information regarding flow measurements and other production data used to determine compliance with mass-based limits or to calculate or apply a combined waste stream formula.
E.
Observations made by POTW inspectors shall be subject to the confidentiality provisions of this section as if they were in writing if the user specifies to the Director in writing for which particular observations made by the inspector the user seeks confidentiality and demonstrates to the Director's satisfaction that the information associated with the observations meets the requirements and conditions to be exempt from public disclosure as provided by § 28-13.01B.
F.
All confidential information and/or data with respect to a particular user that is on file with the POTW shall be made available upon written request by that user or its authorized representative during regular business hours.
G.
If information initially determined to be confidential as provided by this article is subsequently determined by the Director or any other governmental agency to be nonconfidential, such information shall thereafter be subject to public disclosure consistent with applicable law and regulations.