(1) In accordance with Florida Statutes Chapter 119, all information and documents submitted to the Department with an application are considered to be public information and as such are available for reading and copying. However, applicants for permits under Florida Statutes § 403.088, may make a claim of confidentiality pursuant to Florida Statutes § 403.111, and applicants for permits under Florida Statutes § 403.0885, may make a claim of confidentiality under 40 C.F.R. § 122.7. In both instances, an applicant may claim as confidential any information which relates to secret processes or secret methods of manufacture or production, or which relate to costs of production, profits or other financial information which is otherwise not public record. The applicant may consult with the Department before submitting information which may be confidential.
    (2) No claim of confidentiality may be made for the name and address of any permit applicant or permittee, permit applications, permits or effluent data.
    (3) No claim of confidentiality may be made for information submitted on the application forms themselves or any attachments used to supply information required by the forms.
    (4) If a claim of confidentiality is made in accordance with 40 C.F.R. § 2, it must be made at the time of submission and by stamping “”confidential business information”” on each page containing such information.
    (5) The Department shall, subject to notice and opportunity for hearing under Florida Statutes § 120.57, determine whether the information, as requested, complies with subsections (1) and (4). of this rule, and should be kept confidential.
Rulemaking Authority 403.061, 403.111, 403.8055 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.111 FS. History-New 11-29-94.