§ 8.42.120. Community right to know—Trade secrets.

A.

Subject to the subparts of this section regarding trade secrets, all disclosure forms and permits are public records and will be publicly available during normal business hours in the office of the Fire Service Agency, OES, Hazardous Materials Management Program in accordance with the requirements of the California Public Records Act (Government Code Section 6250 et seq.) and the city of Oakland Sunshine Ordinance (Ordinance No. 11957 C.M.S.)

B.

If a handler believes that information required to be disclosed on the disclosure form, a permit application, or under the terms of this Chapter involves the release of a trade secret, the handler shall notify the Administrator in writing of the information that the handler believes involves the release of a trade secret. As used in this Chapter, trade secret shall have the meaning given by Health and Safety Code Sections 25290 (for underground storage tank systems) and 25511 (hazardous materials release response plans and inventories), and of Section 6254.7 of the Government Code (Public Records Act), and Section 1060 of the Evidence Code when applicable.

C.

Upon receipt of a request for the release of information to the public which includes information identified by the handler to the Administrator as a trade secret under subsection B of this section, the Administrator shall notify the handler in writing of the request by certified mail, return receipt requested. The Administrator shall release the information forty-five (45) days after the mailing of such notice, unless prior to the expiration of such forty-five (45) days, the handler institutes an action in an appropriate court for a declaratory judgment that such information is subject to protection under subsection B of this section and/or obtains an injunction prohibiting disclosure. The handler and the member(s) of the public requesting disclosure shall be considered the real parties in interest in any such action, and the city of Oakland, if named, will be the disinterested party.

D.

Any information reported to or otherwise obtained by the Administrator that is exempt from disclosure, shall not be disclosed to anyone except as may be required or permitted by applicable law.

E.

Any person who receives information protected from disclosure by this section because they qualify under subsections D(1) and (2) of this section, who, knowing that disclosure of this information is prohibited, knowingly and wilfully, discloses such information in any manner to any person not entitled to receive it, shall be guilty of a misdemeanor.

F.

Information certified by appropriate officials of the United States Government as exempt from disclosure for national security purposes shall be accorded the full protection against disclosure as specified by such officials in accordance with the laws of the United States.

G.

The provisions of this section shall not permit a handler of hazardous materials to refuse to disclose to the Administrator information required by this Chapter.

(Ord. 12057 § 1 (part), 1998)