Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from inspection and sampling activities, shall be available to the public and other governmental agencies without restriction, unless the user specifically requests in writing, and is able to demonstrate to the satisfaction of the City Manager, that such records are exempt from disclosure under the Oregon Public Records Law ORS 192.410, et seq. All such information and data shall be available at least to the extent necessary to permit the City Manager to ensure compliance with the Industrial Pretreatment Code as well as the requirements of 40 CFR 2.302. Any such request must be asserted at the time of submission or collection 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. However, all information and data reported shall be available for use by the City, state or any state agency or federal agency in judicial or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.
(Ord. No. 6457, 5/15/2023)