Generally, information submitted to demonstrate compliance with pretreatment standards and requirements is subject to public review. To the extent such is consistent with state and federal laws, Users may have certain information treated as confidential if the following process is followed.
A.
When a User submits information to the Plant Superintendent or Member Entity, or provides information to inspectors, Users may request that specific information be maintained as confidential. Users must promptly identify the specific information in writing, and describe why public release would divulge information, processes, or methods of production entitled to protection as trade secrets or confidential business information under applicable state or federal laws.
B.
The TRRWA will withhold disclosure of confidential information for a reasonable period of time, during which time any User wanting non-disclosure will be notified and thereby have the opportunity to seek a court order relative to non-disclosure. Any damages, expenses, or costs incurred by the TRRWA in denying or resisting the disclosure of information declared to be confidential by the User shall be borne and paid by such User.
C.
Dependent on the agency receiving the request, the Plant Superintendent and/or Member Entity shall review and approve or deny such requests. When approved, the information shall not be publicized unless required by state or federal law.
D.
All other User information submitted to or obtained by the Plant Superintendent and/or Member Entity shall be available to the public subject to the TRRWA or Member Entity records review policy.
E.
Information held as confidential may not be withheld from governmental agencies for uses related to the NPDES program or pretreatment program, or in enforcement proceedings involving the person furnishing the report.