A. Information and data on a user obtained by the City Manager from reports, questionnaires, wastewater discharge permit applications, wastewater discharge permits and monitoring programs, and from the City Manager’s inspection and sampling activities, shall be available to the public without restriction, unless the industrial user specifically requests in writing that it be confidential and demonstrates to the satisfaction of the Manager that the release of such information would divulge information, processes, or methods of production entitled to protection as provided by federal or state law. Any such request shall be asserted at the time of submission of the information or data in accordance with the City’s established confidentiality procedures. Wastewater constituents and characteristics and other “effluent data” as defined by federal law will not be recognized as confidential information and will be available to the public without restriction.

B. 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 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 permit, or pretreatment programs and in enforcement proceedings involving the person furnishing the report. (Ord. 2-2023 § 1 (Att. A), 2023; Ord. 3-2009, 2009.)