(a) As used in this chapter, “trade secret” shall have the meaning given to it by Section 6254.7 of the Government Code of the State and Section 1060 of the Evidence Code of the State and shall include, but not be limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.
(b) Any person providing information in an application for a permit or variance pursuant to this chapter, at the time of its submission, shall identify all information which the person believes is a trade secret and submit a legal justification for the request for confidentiality. The information which shall be submitted shall include:
(1) Which portions of the information submitted are believed to be trade secrets;
(2) How long such information should be treated as confidential;
(3) Measures which have been taken to protect such information as confidential; and
(4) A discussion of why such information is a trade secret, including references to statutory and case law as appropriate.
(c) If the Permitting Authority determines that the request for confidentiality is clearly frivolous, he will send a letter to the applicant stating that the information will not be regarded as a trade secret unless the Permitting Authority is instructed otherwise by a court within ten (10) days after the date of the letter.
(d) Unless the Permitting Authority makes the determination and sends the letter as set forth in subsection (c)of this section, the Permitting Authority shall treat the information asserted to be a trade secret in the manner accorded trade secrets by the provisions of Section 12-2.306 of Article 3 of Chapter 2 of Title 12 of this Code, and the Permitting Authority shall have all the powers and duties of the Emergency Services Coordinator set forth in said Section 12-2.306. (§ 17, Ord. 1036, eff. July 10, 1986)