Any proprietary information submitted in a permit application, a report, or other document required by this chapter, which is considered by the applicant to be confidential shall be submitted under separate cover and shall be so marked by the applicant. Proprietary information shall include, but may not be limited to, the following: annual production figures, reserves, or rates of depletion of the aggregate resource being mined, pursuant to Section 2778(a) of the Act; well log information; and the location and extent of sensitive archaeological sites.
The proposed confidential information shall be accompanied by a statement citing the legal authority supporting the applicant's claim of confidentiality. The request for confidentiality shall be reviewed by the Director, in consultation with the Office of the County Counsel if necessary, and shall either be approved or denied. The information at issue shall be maintained in a confidential manner by the County until the Director reaches a decision.
The decision to approve or deny the claim of confidentiality by the Director shall be made in writing. If the claim of confidentiality is denied, the applicant may request the return of the information at issue. The Director’s action on a claim of confidentiality is final, and may not be appealed to the Planning Commission or the Board of Supervisors. In any subsequent judicial action or proceeding where the proprietary, confidential nature of the information is contested, the applicant shall reimburse the County for any legal fees and other costs reasonably incurred in defending against the disclosure of such information, regardless of whether the County prevails.
If the request is approved, then the confidential information shall be maintained under separate cover and shall be marked "confidential," "trade secret," or otherwise stamped to indicate its confidential status. The contents of the confidential file shall be made available only to the Director and those persons authorized in writing by the applicant and by the property owner. If the request is denied, the applicant may withdraw the information and include it with the application or report as a public document. Failure to submit any necessary information, or the applicant's decision to withdraw such information if a claim of confidentiality is denied, may result in an incomplete application or report. (as amended by Ord. 1518, eff. February 13, 2020)