Chapter III, Article IV Inspection

Adopted November 22, 1976


Section 530:

Emission Data and Sampling Access: The Air Pollution Control Officer or his authorized representative may, upon reasonable written notice, require the owner or operator of any article, machine, equipment or other contrivance, the use of which may cause the issuance of air contaminants, or the use of which may eliminate, reduce or control the issuance of air contaminants to:

  1. Provide the District with descriptions of basic equipment, control equipment and rates of emissions. Where this information does not provide sufficient data to the District to carry out the purposes of Part 4, Division 26 of the Health and Safety Code, or where such information is in question, the Air Pollution Control Officer or his authorized representative may require such other additional information as may be necessary, including process and production data, techniques and flow diagrams.
  2. Provide sampling platforms, sampling ports and means of access to sampling locations;
  3. Provide and maintain sampling and monitoring apparatus to measure emissions or air contaminants when the Air Pollution Control Officer or his authorized representative has determined that such apparatus is available and should be installed.
Section 531: Credentials for Entry: The Air Pollution Control Officer shall issue identification cards, with the photograph of the holder and signature of the Air Pollution Control Officer, to such employees of the District who need such credentials for entry as authorized by Section 41510 of the Health and Safety Code.
Section 532:

Request Procedure: When requesting information for determining the amount of air contaminants from non-vehicular sources pursuant to Section 41511 or other sections of the Health and Safety Code, the District shall identify the information requested with sufficient specificity to enable the person to identify the precise information sought. The Air Pollution Control Officer shall give notice in writing that the information provided may be released (1) to the public upon request, except trade secrets, which are not emission data, and (2) to the Federal Environmental Protection Agency, which protects trade secrets as provided in Section 114(c) of the Clean Air Act, as amended in 1970 and in Title 40 of the Code of the Federal Regulations, Chapter 1, Part 2.

  1. Any person from whom the District obtains any records whether requested by the District or furnished by a person for some other reason, may label as "trade secret" any part of those records which are entitled to confidentiality under Section 6254.7 of the Government Code (quoted in Section 91000). Written justification for the trade secret designation shall be furnished with the records so designated and the designation shall be a public record. The justification shall be as detailed as possible without disclosing the trade secret; the person may submit additional information to support the justification, information which will, upon request, be kept confidential in the same manner as the record sought to be protected.
  2. After preliminary review, the Air Pollution Control Officer may reject a justification as having no merit, in which case the person making the justification shall be promptly notified in writing that the records in question shall, upon expiration of 21 days from the date of the notice, be subject to public inspection unless a justification is received and accepted.
  3. An application for approval, accreditation or certification of a motor vehicle emission control device or system shall be deemed a trade secret until such time as the approval, accreditation or certification is granted, at which time the application shall become a public record, except that estimates of sales volume of new model vehicles contained in an application shall be treated as trade secrets for the model year, and then shall become public records. If an application is denied, it shall continue to be treated as a trade secret but shall be subject to the provision of Section 533.
Section 533:

Trade Secrets:Except as otherwise provided in State law, only those portions of records in the custody of the District which are not emission data and:

    1. were labeled "trade secret" prior to the adoption of this subchapter,
    2. are hereafter specifically labeled as "trade secret" pursuant to State law, or
    3. are received from a state or local agency, including an Air Pollution Control Board, with a "trade secret" designation, shall be subject to the procedure set forth in this Section. All other portions of such records shall be available for public inspection.
  1. When the District receives a request to inspect any record so labeled which is not emission data, it shall promptly notify the requesting party that:
    1. such record is designated a trade secret under State law, and if such is the case, under law it cannot be made available;
    2. the District has not determined if it is a trade secret, but the justification of the request for confidentiality is enclosed; and
    3. if the requesting party considers the justification inadequate, he may so advise the District in writing, setting forth his reasons.
  2. Upon receipt of such advice, the District shall:
    1. promptly review in detail the justification, the challenge to the justification, and the record;
    2. determine if the record is in its entirety a trade secret; and
    3. promptly notify those persons affected of its decision in writing. If the District withholds the record from inspection, the person requesting it may seek judicial relief under Section 6258 of the Government Code. If the District determines that the record is in any significant part not a trade secret, the District shall send the notice required by this subdivision by certified mail, return receipt requested, to the person designating the information as a trade secret, with an additional notice that the record in question shall be released for inspection to the requesting party twenty-one (21) days after receipt of the notice, unless the District is restrained from doing so by a court of competent jurisdiction.
  3. Should the person designating the record as a trade secret seek protection in a court of law, the requesting party may be made a party to the litigation to justify his challenge to the designation.