Section 80. Confidentiality of information

A. Any secret formula, secret processes, or secret methods other than effluent data submitted to the department pursuant to this chapter may be claimed as confidential by the submitter pursuant to § 62.1-44.21 of the Code of Virginia. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words "secret formulae," "secret processes" "secret methods" on each page containing such information. If no claim is made at the time of submission, the department may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in the Virginia Freedom of Information Act (§ 2.2-3700 and § 62.1-44.21 of the Code of Virginia).

B. Claims of confidentiality for the following information will be denied:

1. The name and address of any permit applicant or permittee;

2. Permit applications, permits, and effluent data.

C. Information required by VPDES application forms provided by the department may not be claimed confidential. This includes information submitted on the forms themselves and any attachments used to supply information required by the forms.

Historical Notes

Derived from Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 22, Issue 24, eff. September 6, 2006.

Statutory Authority

§ 62.1-44.15 (10) of the Code of Virginia; § 402 of the Clean Water Act, 40 CFR Parts 122, 123, 124, 403 and 503.