Information and data on a user obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, and monitoring programs, and from
the director's inspection and sampling activities, 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 public records 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, but shall be made available immediately upon
request to governmental agencies for uses related to the NPDES program or pretreatment
program, and in enforcement proceedings involving the user furnishing the report.
Wastewater constituents and characteristics and other "effluent data" as defined by
Rule 62-625.800, Florida Administrative Code (F.A.C.), will not be recognized as confidential
information and will be available to the public without restriction.