|
0 0
<br />• 25244.23.
<br />(a) (l) Tire department shall adopt regulations to ensure that trade secrets designated by a generator in all or a portion of the
<br />review and plan or the report required by this article are utilized by the director, the department, the unified program agency, or
<br />the appropriate local agency only in connection with the responsibilities of the department pursuant to this article, and that those
<br />trade secrets are not otherwise disseminated by the director, the department, the unified program agency, or any authorized
<br />representative of the department, or the appropriate local agency, without the consent of the generator.
<br />(2) Any information subject to this section shall be made available to governmental agencies for use in making studies and for
<br />use in judicial review or enforcement proceedings involving the person furnishing the information.
<br />(3) As provided by Section 25159.5, the regulations adopted pursuant to this subdivision shall conform with the corresponding
<br />trade secret regulations adopted by the Environmental Protection Agency pursuant to the federal act, except that the regulations
<br />adopted by the department may be more stringent or more extensive than the federal trade secret regulations.
<br />(4) "Trade secrets," as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool,
<br />mechanism, compound, procedure, production data, or compilation of information that is not patented, that is known only to
<br />certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a
<br />service having commercial value, and that gives its user an opportunity to obtain a business advantage over competitors who do
<br />not know or use it
<br />(b) The department, the unified program agency, and the appropriate local agency shall protect from disclosure any trade secret
<br />designated by the generator pursuant to this section. The department shall make available information concerning pollution
<br />prevention approaches that have proved successful, and that do not constitute a trade secret, when carrying out subdivision (c) of
<br />Section 25244.17.
<br />(c) This section does not permit a generator to refuse to disclose the information required pursuant to this article to the
<br />department, the unified program agency, or the appropriate local agency, an officer or employee of the department, the unified
<br />program agency, or the appropriate local agency, in connection with the official duties of that officer or employee under this
<br />article.
<br />• (d) Any officer or employee of the department, the unified program agency, or the appropriate local agency, or any other person,
<br />who, because of his or her employment or official position, has possession of, or has access to, confidential information, and
<br />who, knowing that disclosure of the information to the general public is prohibited by this section, knowingly and willfully
<br />discloses the information in any manner to any person not entitled to receive it, is guilty of a misdemeanor and, upon conviction
<br />thereof, shall be punished by imprisonment in the countyjail not exceeding six months, by a fine not exceeding one thousand
<br />dollars ($1,000), or by both the fine and imprisonment.
<br />SEC. 58.
<br />Section 25244.24 of the Health and Safety Code is repealed.
<br />SEC. 59.
<br />Section 25269.2 of the Health and Safety Code is amended to read:
<br />25269.2.
<br />(a) The department shall comply with this chapter when recovering oversight costs for corrective action pursuant to Chapter 6.5
<br />(commencing with Section 25100), for removal or remedial action pursuant to Chapter 6.8 (commencing with Section 25300),
<br />and for response actions pursuant to former Chapter 6.85 (commencing with Section 25396).
<br />(b) The department shall develop a concise statement of its cost recovery policies and billing procedures, including dispute
<br />resolution procedures and availability of program guidance and policies, and distribute the statement to all responsible parties.
<br />RECEIVED
<br />AUG 0 5 2014
<br />Is ENVIRONMENTAL HEALTH
<br />DEPARTMENT
<br />
|