MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 904 - TRADE SECRETS--PROCEDURE WHEN INSPECTION IS REQUESTED
(Adopted 3-8-84)

  1. Only those portions of records in the custody of the District which are not emission data and which 1) were labelled "trade secret" prior to the adoption of this regulation, or 2) are hereafter specifically labelled as "trade secret" pursuant to Rule 902.2., shall be subject to the procedure set forth in this rule.  All other portions of such records shall be made available for inspection and copying pursuant to Rule 903.
  2. When the District receives a request to inspect any record designated as "trade secret" which is not emissions data, it shall promptly notify the requesting party that
    2.1. such record is designated a trade secret pursuant to Rule 902.2., and that under the law it cannot be made available for inspection; and
    2.2. the written justification and the designation of the record as a trade secret is available for inspection.
  3. If the party seeking disclosure of a record designated as a trade secret notifies the District that inspection is still sought within five (5) working days from inspection of the source's designation and justification, the District shall give the source ten (10) days written notice to apply for a judicial determination that the material in question which is sought to be inspected shall or shall not be disclosed.  If no such judicial relief has been applied for within the ten (10) day period, the material in question shall be disclosed to the requesting party.

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