Tulare Municipal Code Art. IV Coordination with Other Programs

The first revision of the business plan for any facility subject to the city's hazardous materials inventory and response program shall include a program for compliance with this chapter, including the prohibitions on non-surface water discharges and illicit discharges, and the requirement to reduce surface water pollutants to the maximum extent practicable.

(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

(A) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be made available to the EPA, state agencies and other local governmental agencies without restrictions. Such information and data shall also be made available to the public or other nongovernmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. However, in no event shall surface water constituents and characteristics be recognized as confidential information.

(B) Information accepted by the city as confidential shall not be transmitted to any nongovernmental agency or to the general public by the city until or unless the request is received in writing and until ten days after notification of the request has been given to the user by the city. Furthermore, when requested by the person furnishing a report for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, state general industrial stormwater permit and/or state general construction activity water permit, the portions of a report which might disclose trade secrets or secret processes shall not be made available when requested by the public or nongovernmental agencies. However, such portions of such reports shall be made available, without reservation, to the EPA, State agencies or local governmental agencies upon the written request of such agency.

(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)

Special agreements and arrangements between the city and any persons or agencies may be established with the approval of the Council when, in the opinion of the city, unusual or extraordinary circumstances compel special terms and conditions. However, in no event shall any such agreement be interpreted so as to authorize the violation or waiver of applicable standards or requirements as delineated in the city's NPDES permit.

(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)