Information and data, other than effluent data, about a user obtained from reports,
questionnaires, permit applications, permits and monitoring programs and from inspections
shall be available to the public unless the user specifically requests and is able
to demonstrate to the satisfaction of the control authority in accordance with state
and federal disclosure statutes that the release of such information would divulge
information, processes or methods of production entitled to protection as trade secrets
of the user. Any such request must be asserted at the time of submission of the information
or data. When such a confidentiality claim is asserted, the information shall be treated
as such until a determination is made by the control authority. Effluent data shall
be available to the public without restriction.
(b)
When the person furnishing a report satisfies the control authority that such person
has made the demonstration required by subsection (a) of this section, the portions
of a report which might disclose trade secrets or secret processes shall not be made
available for inspection except by the state or EPA for uses related to this division,
the NPDES permit or the pretreatment program. Confidential portions of a report shall
be available for use by the state or EPA in judicial review or enforcement proceedings
involving the person furnishing the report. Effluent data will not be recognized as
confidential information.
