Ord 2001-007 - Laserfiche WebLink

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(2) Any waste classified as a hazardous waste by any of the laws or regulations incorporated by reference into this chapter by Section 3 -17 -115; or (3) Any other material or waste designated as hazardous for purposes of this chapter by the Administrator, upon a finding by the Administrator that the material or waste, because of its quantity, concentration, physical, or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the community. Section 3 -17 -125. Community Right to Know; Trade Secrets. (a) Subject to the subsections of this section relating to trade secrets, all disclosure forms and permits are public records and will be publicly available during normal business hours in the offices of the Administrator in accordance with the following procedures: (1) Written application for the information shall be submitted to the Administrator, on a form provided by the City which shall include name, address, telephone number, and verification of the applicant's identity. The written application shall also identify the specific file(s) requested for disclosure; (2) The information shall be provided within ten (10) working days after receipt of the application, with the exception, that requests for information that has been designated as a trade secret by the handler shall be subject to the subsections of this section regarding trade secrets. (b) If a handler believes that information required to be disclosed on the disclosure form, a permit application, or under the terms of Section 3 -17 -135 involves the trade secret, the handler shall notify the Administrator in writing of the information the handler believes involves the release of a trade secret. As used in this chapter, trade secret shall have the meaning given by Section 25290 (for underground storage tank systems) and 25511 of the 1- lealth and Safety Code, Section 6254.7 of the Government Code and Section 1060 of the Evidence Code. (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 said 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 San Leandro, if named, will be a disinterested party. 5