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SECTION 161-9 CONFIDENTIAL INFORMATION.
A. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public upon request or to other governmental agencies, unless the user specifies that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Information and data requested to be held in confidence shall be clearly identified and marked "confidential business information."
B. The portions of a report which might disclose trade secrets or secret processes and are marked "confidential business information" shall not be made available for inspection by the public but shall be made available upon request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, State Disposal System permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
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