D.C. Mun. Regs. r. 21-1512
All Users shall retain, preserve, and make available for inspection and copying by the District, WASA, or EPA any records, books, documents, memoranda, reports, correspondence, and any summaries of these materials relating to testing, internal or external monitoring, sampling, investigative, and chemical analyses made by or on behalf of a User in connection with its discharge (whether such monitoring is required by this chapter), and documentation associated with its Best Management Practices pursuant to this chapter, for no less than three (3) years from the date of preparation, drafting, or memorialization. Permits shall be maintained for three (3) years from the date of expiration.
Notwithstanding § 1512.1, the User shall retain and preserve all records which pertain or may pertain to matters which are the subject of enforcement or litigation activities or proceedings initiated by the District, WASA, or EPA until such enforcement activities have concluded and all periods of appeal have expired.
Users shall make such records available for inspection and copying by the District, WASA or EPA and shall submit any or all of the information described in § 1512.1 and 1512.2 to WASA, the District or EPA upon demand and as required in the Wastewater Discharge Permit.
User information and data provided to WASA shall be available to the public or to any government agencies in accordance with section 10 of the Wastewater System Regulation Amendment Act of 1985 (D.C. Law 6-95; D.C. Official Code § 8-105.09 (2008 Repl. & 2011 Supp.)).
Information and data, which would disclose trade secrets or secret processes, shall be withheld from public inspection as provided in section 10 of the Act, D.C. Official Code § 8-105.09 (2008 Repl. & 2011 Supp.)).
In accordance with 40 C.F.R. Part 2, any information submitted to WASA may be claimed as confidential by the submitter.
The claim for confidentiality shall be asserted at the time of submission in the manner prescribed on the application form or instructions, or, in the case of other submissions, by stamping the words "confidential business information" on each page containing such information.
If no claim of confidentiality is made at the time of submission, WASA may make the information available to the public without further notice.
If a claim is asserted, the information will be treated in accordance with the procedures in 40 C.F.R. Part 2.
Effluent data, as defined in 40 C.F.R. § 2.302, which is provided to WASA shall be available to the public without restriction.
All other information which is submitted to WASA shall be available to the public at least to the extent provided by 40 C.F.R. § 2.302.
Information accepted by the Mayor or WASA as confidential shall not be transmitted to any governmental agency, except EPA as provided in D.C. Official Code § 8-105.09 (2008 Repl. & 2011 Supp.), unless written notification is sent to the User at least ten (10) days before transmitting the information.
D.C. Mun. Regs. r. 21-1512