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Waste Tire Manifest Program Confidentiality of Business Information |
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The CIWMB recognizes the need of generators, waste and used tire
haulers, and end use facility operators in maintaining confidentiality
on the information generated through the waste tire manifest system.
Information such as tires generated, hauled, and delivered/disposed has
economic value to each party associated with the transactions. This
information is not routinely made available to the public and is
considered proprietary to the individual business. The Board has the authority under California Code of Regulations (CCR) Title 14, Division 7 Chapter 1, Article 4, Section 17041, et seq. to determine the trade secret, confidentiality and proprietary nature of information submitted by a person (business, corporation, etc.). The Board must also comply and adhere to the Public Records Act, which allows the public to review information not claimed by the regulated community as “confidential” or determined by the Board as "confidential" under the above code section. For the purposes of the waste tire manifest system, information on the comprehensive trip log that can be claimed as confidential are the “load type” and “load amount” and the specific transaction between the generator and the hauler and the hauler and end use facility operator for that load. All other information is considered public information unless demonstrated otherwise to the satisfaction of the Board Following is the confidentiality claim language found on the comprehensive trip log:
Should a third party seek public access to the load amount and load type information claimed as confidential by the generator, hauler, or end use facility, the Board would contact the generator, hauler, and end use facility for the specific transaction, verify its confidentiality and then make a determination of confidentiality on the specific information sought. |
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Last updated: December 02, 2007 Tire Management http://www.ciwmb.ca.gov/Tires/ Tire Management Program Hotline: (866) 896-0600 (toll free) WasteTires@ciwmb.ca.gov |