Information and data on a user obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, and monitoring programs, and from
the control authority's inspection and sampling activities, shall be available to
the public without restriction, unless the user specifically requests in writing,
and is able to demonstrate to the satisfaction of the Control Authority, that the
release of such information would divulge information, processes, or methods of production
entitled to protection as trade secrets under applicable state law or federal law.
Any such request must be asserted at the time of submission 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 be stamped "confidential business information" on each page
containing such information and 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 / TPDES program or pretreatment program, and in enforcement
proceedings involving the person furnishing the report. Wastewater constituents and
characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized
as confidential information and will be available to the public without restriction.
