§ 25-98. Confidential information.

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the superintendent that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under the Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.). Any such request must be asserted at the time of submission of the information or data. In addition:

(a)

When requested and demonstrated by the person 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 written request to governmental agencies for uses related to this article, the national pollutant discharge elimination system (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.

(b)

Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302, shall not be recognized as confidential information and shall be available to the public without restriction.

Information accepted by the superintendent as confidential shall not be transmitted to any governmental agency or to the general public until and unless a ten (10) day notification has been given to the user.

(Ord. No. 12-1700-936, § 1, 10-2-12)

(Ord. No. 12-1700-936, § 1, 10-2-12)