Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION
Part I - Definitions and General Program Requirements
Section 9VAC25-31-80 - Confidentiality of information
Current through Register Vol. 41, No. 3, September 23, 2024
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:
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.
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.