Availability of information on user to public; use of claimed confidential information.

Memphis Code of Ordinances § 13-24-29

in effect

Sec. 13-24-29. - Availability of information on user to public; use of claimed confidential information. A. Confidential business information. All information and data on a user obtained from reports, Questionnaires, applications, permits, inspection, monitoring programs, or submitted to the control authority pursuant to this chapter shall be available to the public, subject to the restrictions of the Tennessee Open Records Act codified at [T.C.A. §] 10-7-501 et seq., and applicable statutory exemptions. 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 submission, by stamping the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, the control authority 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 standards in 40 C.F.R. Part 2 (Public Information). B. Effluent data. Notwithstanding any provision to the contrary, user information and data which are effluent data shall be available to the public without restriction. C. State or control authority. All other information which is submitted to the State or control authority shall be available to the public at least to the extent provided by T.C.A. §§ 10-7-501 et seq. D. Information requested by another governmental agency. Where user information is lawfully requested by another governmental agency (e.g., TDEC or EPA), the city may provide such information to the governmental agency and the city will not be required to make a confidentiality determination regarding such information. The user seeking confidentiality protection of the information shall bear the burden of demonstrating to the other governmental agency that such information is entitled to confidential protection. Prior to providing such information to the other governmental agency, the city shall provide notice to the user. (Ord. No. 5793, §§ 3, 5, 8-17-2021)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT13PUSE_CH13-24PR_ART2SYDIINFESTRE_S13-24-29AVINUSPUUSCLCOINFetched: 10/28/2026