(A) 
If a user believes that a request for information contained in the disclosure form or the HMMP involves the release of a trade secret, the user shall complete the documents nonetheless, but shall notify the Health Officer in writing of that information in the documents that the user believes involves the release of a trade secret. As used in this chapter, "trade secret" shall have the meaning given to it by Section 6254.7(d) of the Government Code and Section 3426.1(d) of the Civil Code.
(B) 
Subject to the provisions of this chapter, the Health Officer shall exempt from public disclosure any and all information coming into their possession which is claimed to involve the release of a trade secret, pursuant to subsection (A) of this section.
(C) 
Subject to the provisions of this chapter, the Health Officer shall also exempt from public disclosure that portion of a hazardous materials disclosure form, the HMMP or other record on file which states the precise location where hazardous materials are stored or handled.
(D) 
Any information reported to or otherwise obtained by the Health Officer, or any of their representatives or employees, which is exempt from disclosure pursuant to subsection (B) or (C) of this section shall not be disclosed to anyone except:
(1) 
An officer or employee of the County, a city within the County, the State of California, or the United States of America, in connection with the official duties of such officer or employee under any law for the protection of human health, or to contractors with the County and their employees if in the opinion of the Health Officer such disclosure is necessary and required for the satisfactory performance of a contract of work, or to protect the health and safety of the employees of the contractor; or
(2) 
To a physician when the Health Officer determines that such information is necessary for the medical treatment of the physician's patient.
(E) 
For the purpose of this section, fire and emergency response personnel and County health personnel operating within the jurisdiction of the County shall be considered employees of the County.
(F) 
Information claimed as a trade secret must be disclosed to a physician by the Health Officer when the physician requests such information for the purpose of treating a patient. Any physician who, by virtue of their treating a patient has possession of or access to information the disclosure of which is prohibited by this section, and who, knowing that disclosure of this information is prohibited, discloses the information in any manner to any person not entitled to receive it, is guilty of a misdemeanor.
(G) 
Any officer or employee of the County or former officer or employee who, by virtue of such employment or official position has possession of or access to information the disclosure of which is prohibited by this section, and who, knowing that disclosure of the information is prohibited, discloses the information in any manner to any person not entitled to receive it, is guilty of a misdemeanor. Any contractor with the County and any employee of such contractor, who has been furnished information as authorized by this section, shall be considered to be an employee of the County for purposes of this section.
(H) 
Information certified by appropriate officials of the United States, as necessarily kept secret for national defense purposes, shall be accorded the full protection against disclosure as specified by such official or in accordance with the laws of the United States.
(I) 
Upon receipt of a request for the release of information to the public which includes information which the user has notified the Health Officer is a trade secret pursuant to subsection (A) of this section, the Health Officer shall notify the user in writing of the request by certified mail. The Health Officer shall release the information 45 days after the day of mailing the notice unless, prior to the expiration of the 45 days, the user 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 obtains a temporary restraining order or preliminary or permanent injunction prohibiting disclosure of said information to the general public.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
In addition to the hazardous materials management plan, the Health Officer may request whatever additional information they deem necessary to protect the human health, safety, or the environment. The additional information that must be provided upon request by the Health Officer may include, but is not limited to, the following:
(A) 
Diagrams showing the flow of all hazardous materials through each step of any production, assembly or cleaning process;
(B) 
Diagrams and descriptions of all processes that produce wastewaters, air emissions or hazardous wastes;
(C) 
Diagrams and descriptions of all treatment processes for hazardous materials, including information on their efficiency in removing or destroying hazardous contaminants; and
(D) 
A description of the methods to be used to eliminate or minimize the use of hazardous materials at the proposed facility and in the proposed processes, including a discussion of alternative processes which could be used to eliminate or minimize the use of hazardous materials and a justification for selection of the processes proposed to be used, if the processes proposed do not provide for the maximum possible elimination or minimization of the use of hazardous materials.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
In an emergency, all users must immediately provide, upon request, information beyond that specifically required in the disclosure form to the agency of jurisdiction during the emergency if that agency has determined that such information is necessary to protect human health, safety, or the environment.
(Ord. 4521 § 2, 1998)