11.607 Records Retention and Confidentiality.
Industrial users shall retain and make available for inspection and copying all records and information required to be retained under 40 CFR Part 403.12(o); this includes information associated with best management practices and any waivers data or information. These records shall remain available for a period of at least three years, or at least three years after a waiver has expired.
(1) Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits, and monitoring programs, and from inspection and sampling activities conducted by the WRD Manager, shall be available to the public without restriction unless the industrial user specifically requests in writing and is able to demonstrate to the satisfaction of the WRD Manager that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable State laws.
(a) Wastewater pollutants, characteristics, and other effluent data as defined by 40 CFR Part 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(b) When requested and demonstrated by the industrial 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 this chapter, the National Pollutant Discharge Elimination System (NPDES) program, and in enforcement proceedings involving the person furnishing the report.
(2) All users subject to this chapter shall retain and preserve, for no less than three years, all records of information resulting from any monitoring activities (including records associated with best management practices) required by this chapter. Such records shall include for all samples the date, sample location, method, and time of sampling and the names of the person or persons taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques/methods used; and results of such analyses.
(3) All records which pertain to matters that are the subject of any enforcement or litigation activities pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.