Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 90 - RECYCLING AND WASTE REDUCTION
Section 340-090-0420 - Confidential Information Procedure
Universal Citation: OR Admin Rules 340-090-0420
Current through Register Vol. 63, No. 3, March 1, 2024
(1) DEQ may not disclose to the public records provided to DEQ if:
(a) The records
contain trade secrets as defined in ORS
192.501(2) or
646.461(2);
(b) The records, or the applicable portions
thereof, are clearly identified as trade secrets; and
(c) The person claiming trade secret status
for specific information has provided substantiation as to why the material is
a trade secret.
(2)
(a) DEQ must notify the person who requests
confidentiality if a request is received to disclose those records. The notice
must:
(A) Be delivered at least 15 days
before DEQ discloses any of the records;
(B) Include a copy of any written request or
a summary of any oral request for disclosure; and
(C) State how DEQ intends to respond to the
request.
(b) If a product
or container manufacturer wishes to defend their trade secret claim, the
manufacturer must respond with a written justification for the basis of their
trade secrets claim. Such justification must be delivered to DEQ within 15 days
of DEQ's notice of a request to disclose those records.
(3)
(a) DEQ
will notify the product manufacturer of any information requested directly from
the container manufacturer;
(b)
Upon request from the product manufacturer, DEQ will make available to the
product manufacturer copies of records received from the container manufacturer
concerning that product manufacturer, except as provided in section (2) of this
rule, so that the product manufacturer may identify which of the records, if
any, contain trade secrets of the product manufacturer;
(c) If the product manufacturer complies with
section (1) of this rule with respect to the records of a container
manufacturer, DEQ must follow the provisions in section (2) of this rule if it
receives any request to disclose those records.
Stat. Auth.: ORS 459A.025, 459A.650 - 459A.685, 459.995 & 468.020
Stats. Implemented: ORS 459A.010
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