WAC 463-76-043   Public access to information.  (1) All records relating to NPDES applications (including the draft NPDES permit prepared pursuant to WAC 463-76-033(2) or any public comment upon those records pursuant to WAC 463-76-041(2)) shall be available to the public for inspection and copying consistent with WAC 463-06-110 - Copying and fees.

     (2) Any information (other than effluent data) received by the council and contained in any NPDES forms, or other records, reports or plans shall be protected as confidential upon a showing by any person that such information if made public would divulge methods or processes entitled to protection as trade secrets of such person. Claims of confidentiality for the following information will be denied:

     (a) The name and address of any permit applicant or permittee;

     (b) Permit applicants, permits, and effluent data;

     (c) Information required by NPDES application forms pursuant to WAC 463-76-031 may not be claimed confidential.

     (3) Any information afforded confidential status shall be disclosed upon request to the regional administrator or his authorized representative who shall maintain the disclosed information as confidential.

     (4) The council shall provide facilities for the inspection of nonconfidential information relating to NPDES forms during normal business hours of the council at its headquarters and shall insure that state employees will comply with requests for such inspection as soon as is reasonably possible without undue interference with council business. The council manager shall insure that a machine or device for the copying of papers and documents is available for a reasonable fee as determined by the council.



[Statutory Authority: RCW 80.50.040 (1) and (12). 04-21-013, amended and recodified as § 463-76-043, filed 10/11/04, effective 11/11/04; Order 114, § 463-38-043, filed 2/4/77. Formerly WAC 463-16-043.]