§ 66273.100. Assertion of a Claim of Trade Secret Protection.

(a) A person who asserts a claim of trade secret protection with respect to documents or information submitted to the Department in response to a request from the Department for information relating to the recycling or disposal of CRTs or CRT glass pursuant to article 7 of this chapter, subsection (g) of section 66273.82, or section 66273.91 shall, at the time of submission, furnish the Department with all of the following supporting information:

(1) The identity of the person asserting the claim;

(2) A brief description of the nature of the information for which trade secret protection is being claimed;

(3) The extent to which the information is known by employees or others involved with the facility or business of the person, and whether or not those individuals are bound by non-disclosure agreements;

(4) The extent to which the information is known outside of the facility or business of the person, and whether or not individuals with such knowledge are bound by non-disclosure agreements;

(5) The measures taken to restrict access to and safeguard the information, and whether or not the person plans to continue utilizing such measures;

(6) The estimated value of the information to the person and the person's competitors;

(7) The estimated amount of effort or money expended by the person in developing the information;

(8) The estimated ease or difficulty with which the information could be properly acquired or duplicated by others, including for any chemical claimed as trade secret, an explanation of why the chemical identity is not readily discoverable through reverse engineering;

(9) Copies of, or references to, any pertinent trade secret or other confidentiality determinations previously made by the Department or other public agencies;

(10) A description of the nature and extent of harm that would be caused if the information were made public, including an explanation of the causal relationship between disclosure and the harmful effects claimed;

(11) The signature of the person's general counsel or other executive with knowledge of the preparation of the substantiating information, certifying under penalty of perjury and based upon the knowledge and belief of the signatory that:

(A) The substantiating information is true, accurate, and complete;

(B) The information for which trade secret protection is claimed is not otherwise publicly available; and

(C) There is a reasonable basis to assert trade secret protection for the information so claimed.

(12) Contact information for the individual to be contacted if part of the claimed information is requested to be disclosed under the California Public Records Act.

(b) The substantiating information required in subsections (a)(1) through (a)(10) shall be provided for each individual trade secret claim, although such information may be incorporated by reference to apply to multiple claims, as appropriate. The requirements of subsections (a)(11) and (a)(12) may be met once for all claims submitted at one time.

(c) A person who asserts a claim of trade secret protection shall also, at the time of submission, provide the Department with both of the following:

(1) A complete copy of the documentation being submitted, which shall include the information for which trade secret protection is claimed; and

(2) A redacted copy of the documentation being submitted, which shall exclude the information for which trade secret protection is claimed. The Department may make the redacted copy of the documentation available to the public at its discretion.

(d) A person who asserts a claim of trade secret protection shall make such assertion at the time of submission by marking the words “Trade Secret”, conspicuously on each page containing the information for which trade secret protection is claimed. A header, footer or watermark may be used for electronic submittals. If no claim of trade secret protection is made at the time of submission, the Department may make the submitted information available in full to the public without further notice.

(e) If the documentation supporting a claim of trade secret protection contains information that is itself subject to a claim of trade secret protection, such supporting documentation shall be separately supplied in both complete and redacted form as required by subsection (c), and marked as required by subsection (d), but shall not itself require further supporting documentation. Such documentation shall be separate from documentation used to comply with other provisions of this chapter.

HISTORY

1. New article 10 (sections 66273.100-66273.101) and section filed 10-15-2012 as an emergency; operative 10-15-2012 (Register 2012, No. 42). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.

Note

Note: Authority cited: Sections 25150, 25173, 25214.9, 25214.10.2 and 58012, Health and Safety Code. Reference: Sections 25150, 25173 and 25214.9, Health and Safety Code.