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.
