Spokane Municipal Code

Title 13 Public Utilities and Services

Chapter 13.03A Pretreatment

Article VII. Confidential Information

Section 13.03A.0701 Confidential Information

Generally, information submitted to demonstrate compliance with pretreatment standards and requirements will be freely available to the public (See 40 CFR §2.302). Users may request confidentiality however in accord with this section.

1. When users submit information to the Plant Manager or provide information to inspectors, users may request that specific information be maintained as confidential. Users must identify the specific information in writing at the time of submittal and describe why it is entitled to confidentiality under 40 CFR §403.14 as information submitted to a POTW or any other applicable law. (Cross reference: 40 CFR Part 2, including 40 CFR §2.302.)

2. Blanket requests for confidentiality will not be honored. Specific information requested to be held confidential shall be separately submitted, which each page prominently marked “Confidentiality requested by [name, address and telephone of requesting party].”

3. The Plant Manager shall review and approve or deny such requests. When approved, the information shall be separately held in a confidential file by the Plant Manager. If a public records request is made, the Plant Manager shall seek to notify the party requesting confidentiality prior to release of the time by which the party must commence legal action to protect confidentiality. If legal action is not immediately commenced by a person seeking to protect confidentiality, the records will be released unless otherwise protected by applicable law.

4. Notwithstanding any other provision and under no circumstances is the Plant Manager obliged to honor any request for confidentiality if doing so would expose the City to any risk of loss or liability for damages for penalties and attorneys’ fees under the Washington State Public Records Act or any other applicable laws. It is not the City’s function to expose itself to mandatory penalties and attorney’s fees under Washington State Public Records Act, RCW 42.56.550. This exposure does not apply to non-governmental persons seeking to protect confidentiality, so it is the affirmative burden of such persons to establish entitlement to confidentiality, not the City’s.

5. Except as provided, all other information submitted to the Plant Manager and obtained from the Plant Manager’s oversight shall be available to the public subject to the City records review policy. Federal rules prevent wastewater constituents and characteristics and other effluent data, as defined by 40 CFR 2.302 from being recognized as confidential information.

6. Information held as confidential may not be withheld from governmental agencies for uses related to the NPDES program or pretreatment program, or in enforcement proceedings involving the person furnishing the report.

Date Passed: Monday, November 9, 2020

Effective Date: Wednesday, December 16, 2020

ORD C35961 Section 56

Section 13.03A.0701 Confidential Information

Generally, information submitted to demonstrate compliance with pretreatment standards and requirements will be freely available to the public (See 40 CFR §2.302). Users may request confidentiality however in accord with this section.

1. When users submit information to the Plant Manager or provide information to inspectors, users may request that specific information be maintained as confidential. Users must identify the specific information in writing at the time of submittal and describe why it is entitled to confidentiality under 40 CFR §403.14 as information submitted to a POTW or any other applicable law. (Cross reference: 40 CFR Part 2, including 40 CFR §2.302.)

2. Blanket requests for confidentiality will not be honored. Specific information requested to be held confidential shall be separately submitted, which each page prominently marked “Confidentiality requested by [name, address and telephone of requesting party].”

3. The Plant Manager shall review and approve or deny such requests. When approved, the information shall be separately held in a confidential file by the Plant Manager. If a public records request is made, the Plant Manager shall seek to notify the party requesting confidentiality prior to release of the time by which the party must commence legal action to protect confidentiality. If legal action is not immediately commenced by a person seeking to protect confidentiality, the records will be released unless otherwise protected by applicable law.

4. Notwithstanding any other provision and under no circumstances is the Plant Manager obliged to honor any request for confidentiality if doing so would expose the City to any risk of loss or liability for damages for penalties and attorneys’ fees under the Washington State Public Records Act or any other applicable laws. It is not the City’s function to expose itself to mandatory penalties and attorney’s fees under Washington State Public Records Act, RCW 42.56.550. This exposure does not apply to non-governmental persons seeking to protect confidentiality, so it is the affirmative burden of such persons to establish entitlement to confidentiality, not the City’s.

5. Except as provided, all other information submitted to the Plant Manager and obtained from the Plant Manager’s oversight shall be available to the public subject to the City records review policy. Federal rules prevent wastewater constituents and characteristics and other effluent data, as defined by 40 CFR 2.302 from being recognized as confidential information.

6. Information held as confidential may not be withheld from governmental agencies for uses related to the NPDES program or pretreatment program, or in enforcement proceedings involving the person furnishing the report.

Date Passed: Monday, November 9, 2020

Effective Date: Wednesday, December 16, 2020

ORD C35961 Section 56