Section Env-Wq 1205.20 - Confidential Information(a) Subject to (b), below, information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, monitoring programs, and WRBP inspection and sampling activities shall be available to the public without restriction.(b) A user may specifically request that information that would divulge information that is entitled to protection as trade secrets under applicable federal or state law not be treated as public information.(c) Any such request for confidentiality shall be asserted at the time of submission of information by stamping the words "confidential business information" on each page containing such information.(d) When requested and demonstrated by the user that such information should be held confidential, the portions of the report that might disclose trade secrets or secret processes:(1) Shall not be made available for viewing or copying by the public pursuant to 40 CFR part 2 or RSA 91-A;(2) Shall be made available upon request to government agencies for uses related to the NPDES program or pretreatment program; and(3) Shall be made available to enforcement proceedings involving the person who furnished the report.(e) Wastewater constituents and characteristics and other effluent data as defined in 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.N.H. Code Admin. R. Env-Wq 1205.20
#6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.20 ); ss by #97989-A, eff 10-9-10
Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12739, Effective 3/19/2019, Expires 3/19/2029.