Information and data on a user obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, and monitoring programs, and from
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 control authority, that the release of such information would divulge information,
processes, or methods of production entitled to protection as trade secrets under
applicable laws. Any such request must be asserted at the time of submission of the
information or data. 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 TPDES 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 available to the public without restriction.
Notwithstanding the foregoing provisions of this paragraph, all information described
herein shall be handled in accordance with applicable law, including but not limited
to the Texas Public Information Act.
(Ord. No. 2010-32, § I, 5-24-10)
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