Article VIII. Information Requests
15.14.080 Confidential information.
A. Except as provided below, information provided or obtained under this chapter or the city’s pretreatment program implemented pursuant hereto will be available to the public. Users may have certain information, however, withheld as confidential in accordance with the following requirements and procedures:
1. When a user submits information to the director, or provides information to inspectors, users may request that specific information be maintained as confidential. Users must promptly identify the specific information in writing, and describe why the release would divulge information, processes, or methods of production entitled to protection as trade secrets or confidential business information under applicable state or federal laws. A user submitting information or data to the director for which the user intends to claim whole or partial confidentiality shall mark those specific pages and sections of information or data asserted to be confidential with a conspicuous and legible marking indicating “CONFIDENTIAL”;
2. Upon receipt of such statement of confidentiality, the information marked “CONFIDENTIAL” shall be filed separately and shall not be disclosed except as provided for under this section;
3. Upon receipt of a public disclosure request for information marked “CONFIDENTIAL,” the director shall within five business days of receipt notify the user of the public disclosure request and inform such user in writing that the information will be disclosed unless the user obtains a court order directing that the information not be disclosed within 30 days of receipt of the public disclosure request. The director shall include a copy of the written notification to the user in the initial response to the public disclosure request required under state law;
4. Unless the court orders the withholding of the information claimed to be confidential, the director shall provide such information to the person making the public disclosure request.
B. Information held as confidential may not be withheld from governmental agencies for uses related to the NPDES program or pretreatment program, or in enforcement proceedings involving the person furnishing the report.
C. Information which may not be held confidential includes but is not limited to the following: the name and address of applicant, the description of proposal, the proposed receiving water, receiving water quality and effluent data.
D. In no case shall the city, the director or city employee be liable to a user for public disclosure of any information, including information disclosed contrary to the provisions of this section. [Ord. 2020-07-016 § 1; Ord. 2019-11-032 § 1].