§ 136.



Any records, reports, or information submitted by a discharger to the General Manager, whether made in writing or by communication incorporated in Department reports, shall be available to the public, except upon a showing made by a discharger satisfactory to the General Manager that public disclosure of records, reports, or information which the General Manager or other authorized personnel has received would divulge methods or processes entitled to protection as confidential trade secrets. All such records, reports, or information at any time may be disclosed to other authorized City personnel or any local, State or federal agency.


Whenever the General Manager makes a written request or orders that a discharger furnish information, the request or order shall include a notice that:


States that the discharger may assert a business confidentiality claim covering specified information; and


States that if no such claim accompanies the information when it is received by the General Manager, it may be made available to the public without further notice to the discharger.


In assessing the validity of a business confidentiality claim, the General Manager shall determine whether the information is entitled by statute or judicial order to confidential treatment. In the absence of such a finding, the General Manager shall make the information available for public disclosure.


Notwithstanding any other provision of this Section, discharger wastewater data is not confidential and shall be made available to the public without restriction.


(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)


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