§ 98-230. Confidentiality of information.

(a)

Information and data on a discharger or potential discharger obtained from inspections reports, questionnaires, applications, permits, monitoring programs, records, any other form of submittal to the city shall be available to the public or other governmental agency without notification unless the discharger or potential discharger specifically requests confidentiality as to any portion thereof and is able to demonstrate to the satisfaction of the administrator that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the discharger or potential discharger. Stormwater and nonstormwater constituents and characteristics will not be recognized as confidential information, and effluent data shall be available to the public without restriction.

(b)

When requested by a discharger or potential discharger furnishing information to the city, the portions of that information which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to the city and other governmental agencies for uses related to this article, the national pollutant discharge elimination system (NPDES) and/or the pretreatment program. Those portions of the information shall also be available for use by the state or any state agency in judicial review or enforcement proceedings involving the discharger or potential discharger furnishing the information.

(c)

Information and data requested from a discharger or potential discharger which the discharger or potential discharger believes to be proprietary and the release of which to the public would substantially impair the operations of the discharger or potential discharger, may alternatively be provided to the city for its review at the facility of the discharger or potential discharger rather than provided to the city for its keeping, at the discretion of the city. The burden will be on the discharger or potential discharger to demonstrate to the satisfaction of the city that such information is proprietary and that this alternative procedure is necessary or appropriate and will not prevent the city from properly carrying out the objectives of this article.

(d)

In the event access to or disclosure of any such confidential or proprietary information is requested pursuant to an action brought under federal or state laws, the city shall have the option, in its sole discretion, of defending itself in such action or requiring the discharger or potential discharger to provide a defense. If the city makes written tender upon a discharger or potential discharger to defend such an action with counsel acceptable to city and such discharger or potential discharger does not appear in and assume the defense of such action within the time specified in the tender, the city shall be free to disclose the information to the party making request therefor. In any event, the discharger or potential discharger shall be liable to the city in defending such action and for any judgment rendered against the city in such action. Payment of all such amounts shall be made by the discharger or potential discharger within 30 days of billing by the city.

(Ord. No. 2004-08, § 1, 9-22-2004)