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Generally, information submitted to demonstrate compliance with pretreatment standards and requirements will be freely available to the public. However, users may have certain information withheld as confidential if the following process is followed:

(1) When a user submits information to the Public Works 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.

(2) The Public Works Director shall review and approve or deny such requests. When approved, the information shall not be available as public records and shall be marked confidential, unless required by state or federal law.

(3) All other information submitted to the Public Works Director and obtained from the Public Works Director’s oversight shall be available to the public, subject to the City records review policy.

(4) Information held as confidential may not be withheld from governmental agencies for uses related to the NPDES, SWD, or pretreatment program, or in enforcement proceedings involving the entity furnishing the report.

(5) Federal rules prevent wastewater constituents and characteristics and other effluent data, as defined by 40 CFR § 2.302 from being recognized as confidential information. [Ord. 4169 § 1, 2014; Code 1970 § 13.62.080.]