Ohio Administrative Code|Rule 901:10-1-05 | Trade secrets requests for confidentiality.

                                                
(A) Applicant means a person submitting a claim of trade secrecy
		  to the director or to the director's authorized representative.
(B) Records, reports or other information obtained under Chapter
		  903. of the Revised Code or rules thereunder may be entitled to protection as
		  trade secrets. In order to be protected, the applicant shall demonstrate to the
		  director's satisfaction that all or part of such records, reports or other
		  information, (including attachments that are required to be submitted), or
		  other part thereof (other than effluent data) to which the director has access
		  under this rule, if made public would divulge methods or processes or other
		  information entitled to protection as trade secrets. If the director determines
		  that the claim for trade secret is satisfied, the director shall consider such
		  records, reports, or other information or part thereof confidential and manage
		  the records, reports or other information pursuant to this rule.
(C) The following information is considered a public record for
		  which claims of trade secrecy will be denied:
(1) The name and address of any permit applicant or
			 permittee;
(2) Permit forms, permit applications, permits and sampling and
			 effluent data;
(3) Information required by NPDES application forms provided by
			 the department including information submitted on the forms themselves and any
			 attachments used to supply information required by the forms; and
(4) Any public comments, testimony or other documentation from
			 the public concerning a permit application.
(D) A request for confidentiality shall be submitted to the
		  director simultaneously with submission of the specific record, report or other
		  information. The applicant shall clearly indicate the record, report or
		  information as trade secret and shall label it "trade secret." Failure to make
		  such request simultaneously shall constitute a waiver of the right to prevent
		  public disclosure. A request for confidentiality shall be accompanied by
		  documents that support the request which include:
(1) Describe the measures the applicant has taken to safeguard
			 the confidentiality of the information.
(2) Indicate whether or not others are bound by a confidentiality
			 agreement.
(E) A decision as to the confidentiality request shall be made by
		  the director within forty-five days of receipt of a request filed in accordance
		  with this rule. Until such decision is made, the record, report or other
		  information or part thereof, shall be confidential and maintained by the
		  director in a separate file labeled "confidential." The applicant shall be
		  notified by mail of the decision.
(F) Any record, report or other information determined to be
		  confidential may be disclosed without the applicant's consent to officers,
		  employees or authorized representatives of the state, another state or the
		  United States when necessary for an enforcement action brought under this
		  chapter or when otherwise required by the Federal Water Pollution Control
		  Act.