§ 37-706. Confidential information.  


Latest version.
  • Pursuant to the requirements set forth in F.S. ch. 119, (the "Public Records Act", as may be amended from time to time) information and data on a user obtained from reports, surveys, industrial wastewater discharge permit applications, waste hauler operating permit applications, industrial wastewater discharge permits, and monitoring programs, waste hauler operating permits, information from the director's inspection and sampling activities and waste disposal manifests, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable federal or state laws. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user 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 for a reasonable period of time, during which time the user may seek a judicial determination that any such information is exempt from disclosure pursuant to Florida's Public Records Act. Notwithstanding the foregoing, any such information shall be made available immediately upon request to governmental agencies for uses related to this article, the county NPDES program, county pretreatment program, county oil and grease prevention program (OGPP), county surcharge program or in enforcement proceedings and judicial review involving the person furnishing the report. Wastewater constituents and characteristics, and other "effluent data" as defined by 40 CFR Part 2.302, Chapter I, Subchapter A, shall not be recognized as confidential information and will be made available to the public without restriction.

(Ord. No. 2002-20, § 1, 12-3-02; Ord. No. 2009-19 , § 6, 7-14-09)