A. When a User submits information to the Director, 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 the 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. Upon receipt of such statement of confidentiality, the information shall be filed separately and marked that the information shall not be disclosed except as provided for under this Section.

C. Upon receipt of a public disclosure request for information a User claims to be exempt from disclosure, the Director shall within five (5) business days of receipt notify the User of the public disclosure request and inform such User in writing that the information will be disclosed unless the User obtains a court order directing that the information not be disclosed within thirty (30) days of receipt of the public disclosure request. The Director shall include a copy of the written notification to the User in the initial response to the public disclosure request required under State law.

D. Unless the court orders the withholding of the information claimed to be confidential, the Director shall provide such information to the Person making the public disclosure request.

E. All other information submitted to the Director and obtained from the Director’s oversight shall be available to the public subject to the City records review policy.

F. 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.

G. Federal rules prevent wastewater constituents and characteristics and other effluent data, as defined by 40 CFR Part 2.302 from being recognized as confidential information. (Ord. M-3970 §2, 2010)