MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 901 - PUBLIC RECORDS - DEFINITIONS
(Adopted 3-8-84)

  1. Subject to the exceptions provided by statutory or case law, any writing, as defined by statutory or case law, containing information relating to the conduct of the public's business prepared, owned, used or retained by the District, regardless of physical form or characteristics, is a public record.
  2. All written or other information, analyses, plans or specifications that disclose the nature, extent, quantity or degree of air contaminants or other pollution which any article, machine, equipment or other contrivance will produce, which the District requires any applicant to provide before such applicant builds, erects, alters, replaces, operates, sells, rents or uses such article, machine, equipment or other contrivance, are public records.
  3. All written air or other pollution monitoring data, including data compiled from stationary sources, are public records.
  4. Except as otherwise provided in part 5. of this rule, trade secrets are not public records under this regulation.  Trade secrets, as used in this regulation may include, but are not limited to, any formula, plan, patterns, process, tool, mechansism, compounds, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound and article of trade or a service having commerical value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.
  5. Notwithstanding any other provision of law, all air pollution emission data, including those emission data which constitute trade secrets as defined in part 5., are public records.  Data used to calculate emission data are not emission data for the purpose of this subdivision and data which constitute trade secrets and which are used to calculate emission data are not public records.
  6. Notwithstanding any other provision of these rules or regulations, any writing containing information which constitutes a complaint, or data which may foreseeably be or become the subject of an investigation by the District, or of litigation, an enforcement action or a contested proceeding before an administrative agency, shall not be subject to disclosure pursuant to these rules during that time period, except as otherwise provided by statutory or case law.

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