All user information and data 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 satisfaction of the city that the release of such information would divulge information, processes or methods which would be detrimental to the user’s competitive position.

In accordance with 40 CFR Part 2, any information submitted to the EPA pursuant to these regulations may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions, or, in the case of other submissions, by stamping the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, the EPA may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in 40 CFR Part 2 (public information).

When requested by the person furnishing a report, the portions of the report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to governmental agencies for uses related to Chapters 15.44 through 15.76 or NPDES permit. Information shall also be made available for use by any federal, state, or local agency in judicial review or enforcement proceedings involving the person furnishing the report. The user shall be notified when information, accepted by the city as confidential, is transmitted to any governmental agency.

Information and data provided to the city pursuant to this part which is effluent data shall be available to the public without restriction.

The city shall not be liable for damages to any permit applicant or user for any disclosure of any secret furnished to the city.

All other information which is submitted to the city or POTW shall be available to the public at least to the extent provided by 40 CFR 2.302 and/or the California Government Code Section 6251 et seq. (Ord. 2282 NCS §3 (part), 2007.)