Section 2714 - Trade Secret Provisions(a) Any person making an application for a permit to operate an underground storage tank, for renewal of the permit, or for a site-specific variance, shall submit all of the application submittal elements through the California Environmental Reporting System or a local reporting portal. Any person asserting a trade secret must submit all information which the person believes is a trade secret and a legal justification for the request for confidentiality to the local agency. The information which shall be submitted includes, but is not limited to: (1) Identification of those portions of the information which are believed to be trade secrets;(2) The length of time this information should be treated as confidential;(3) Measures that have been taken to protect this information as confidential; and(4) A discussion of why this information is subject to trade secret protection, including references to statutory and case law as appropriate.(b) If the local agency, the State Water Board, or the Regional Water Quality Board (collectively referred to as "agency" for the purposes of this section) determines that a request for trade secret protection is clearly valid, the material shall be given trade secret protection as discussed in subdivision (f) of this section.(c) If the agency determines that the request for trade secret protection is clearly frivolous, it shall send a letter to the applicant stating that the information will not be treated as a trade secret unless the agency is instructed otherwise by a court within 10 working days of the date of the letter.(d) If the validity of the request for trade secret protection is unclear, the agency will inform the person claiming trade secrecy that the burden is on him or her to justify the claim. The applicant shall be given a fixed period of time to submit the additional information as the agency may request. The agency shall then evaluate the request on the basis of the definition of "trade secrets" contained in the appropriate section of Chapter 6.7 of Division 20 of the Health and Safety Code and shall issue its decision. If the agency determines that the information is not a trade secret, it shall act in accordance with subdivision (c) of this section.(e) All information received for which trade secrecy status is requested shall be treated as confidential as discussed in subdivision (f) of this section until a final determination is made.(f) Information which has been found to be confidential or which is being reviewed to determine if confidentiality should exist, shall be immediately filed in a separate "confidential" file. If a document or portion of a document is filed in a confidential file, a notation shall be filed with the file document indicating that further information is in the confidential file.(g) Information contained in confidential files shall only be disclosed to authorized representatives of the applicant or other governmental agencies in connection with the agency's responsibilities pursuant to Chapter 6.7 of the Health and Safety Code or Division 7 of the Water Code.(h) Nothing contained herein shall limit an applicant's right to prevent disclosure of information pursuant to other provisions of law.Cal. Code Regs. Tit. 23, § 2714
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in HISTORY 1 (Register 92, No. 43).
3. Amendment of section filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsections (a), (b), (d) and (e) and amendment of NOTE filed 10-13-2016; operative 1-1-2017 (Register 2016, No. 42). Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25290 and 25404, Health and Safety Code.
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsections (a), (b), (d) and (e) and amendment of Note filed 10-13-2016; operative 1/1/2017 (Register 2016, No. 42).