Information and data about an industrial user obtained from reports, surveys, wastewater
discharge permit applications, wastewater discharge permits, monitoring programs,
and from inspection and sampling activities, shall be available to the public unless
the industrial user specifically requests otherwise, and is able to demonstrate to
the satisfaction of the director that the information is not required to be disclosed
under Missouri or federal law. When the industrial user has demonstrated that such
information should be held confidential, and the department concurs, the portions
of a report which might disclose the confidential information shall not be made available
for inspection by the public, but shall be made available upon request to governmental
agencies for uses related to the NPDES program or pretreatment program, and in enforcement
proceedings involving the person furnishing the report. The city shall be permitted
to introduce any admissible evidence it deems necessary in any criminal prosecution
without regard to the request for confidentiality under this section. Wastewater constituents
and characteristics and other "effluent data" as defined by 40 CFR 2.302 shall not
be recognized as confidential information and shall be available to the public.
(Ord. No. 120551, § 1, 6-28-12)
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