Information and data on a User obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, monitoring programs and inspection
and sampling activities, shall be 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. Information that the User wishes to be treated as confidential shall so
indicate by labeling or otherwise designating on the top of each page the words "CONFIDENTIAL
BUSINESS INFORMATION." Information deemed confidential by the Director shall not be
made available for inspection by the public, but shall be made available, upon request,
to governmental agencies for uses related to the NPDES program or pretreatment program,
and for enforcement proceedings involving the User. Wastewater constituents and characteristics
and other "effluent data," as defined by 40 C.F.R. § 2.302, shall not be recognized
as confidential information and will be available to the public without restriction.
(44-09-67.1.)
