10-5-23: CONFIDENTIAL INFORMATION:

Information and data on a user obtained from data disclosure forms, reports, surveys, indirect discharge permits, and monitoring programs, and from City inspection and sampling activities, shall be available to the public or other governmental agency without restriction unless the user specifically requests, and is able to demonstrate to the satisfaction of the City, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable State law. When requested and demonstrated by the user that the information furnished be kept 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 request to governmental agencies for uses related to the NPDES Program or Pretreatment Program, and in enforcement proceedings involving the user furnishing the information. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. Any such claim must be asserted at the time of submission by clearly indicating the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, all information will be available to the public. All alleged confidential business information is still subject to a valid public records request, pursuant to Idaho Code title 74, chapter 1. (Ord. 8-19, 7-9-2019)