Information and data regarding a user, obtained from reports, questionnaires, permit
applications, permits and monitoring programs, and from inspections, shall be available
without restriction to the EPA, the State Water Board, and the regional board. Such
information shall also be available to the public or other governmental agencies 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 of the
user. Any such request shall be asserted at the time of submission of the information
or data and marked "Confidential Business Information" by the user on each page containing
information asserted to be trade secrets. The demonstration of the need for confidentiality
made by the user must meet the burden necessary for withholding such information from
the general public under applicable state and federal law. Wastewater constituents
and characteristics and other effluent data as defined in 40 CFR 2.302 shall not constitute
confidential information and shall be available to the public without restriction.
Information which a user demonstrates to constitute a trade secret shall not be made
available for inspection by the public without prior notification to the user, but
shall be made available to the EPA, the State Water Board, and the Regional Board,
and upon written request, to other governmental agencies for uses related to this
chapter, the NPDES permit, or other state regulations. Such information shall also
be available for use in judicial review or enforcement proceedings involving the user
furnishing the information.
(
Ord. No. 1094, 11-7-2017
)
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