Information and data on a user obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, monitoring programs, and from the
director's inspection and sampling activities shall be available to the public without
restriction, unless the user specifically requests at the time he or she submits it
that it be kept confidential, and is able to demonstrate to the satisfaction of the
director, that the release of such information would divulge information, processes,
or methods of production entitled to protection as trade secrets under Texas Government
Code Chapter 552. When the user requests that information be kept confidential and
demonstrates that it can legally be kept confidential, the director shall not make
the portions of a report which might disclose trade secrets or secret processes available
for inspection by the public. but may make it available to governmental agencies for
uses related to the TPDES program or pretreatment program and in enforcement proceedings
involving the person furnishing the report. The director shall not consider wastewater
constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302
confidential information and shall make it available to the public without restriction.
(Ord. No. 8140, § 1, 3-20-03)
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