§ 26-159. Information and data to be made available.


Latest version.
  • (a) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency in accordance with applicable state statutes or federal law. All reports submitted to the city shall be signed by an authorized representative and contain the certification statement found in Section 26-161(e).
    (b) Information and data obtained from reports, surveys, permit applications, permits, monitoring requirements, and inspection and sampling activities shall be made available to the public 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 under applicable State law. Any such request must be asserted at the time of submission of the information or data.
    (c) When requested and demonstrated by the user furnishing 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. 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 made available to the public without restriction. A copy of the procedure for handling confidential information will be kept on file at the WWF.
    (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)