Title 11 HEALTH AND SAFETY
Chapter 11.88 MISCELLANEOUS
11.88.010 Disclaimer of liability.
11.88.020 Guidelines and standards.
11.88.030 Trade secrets.
11.88.050 Conflict with other laws.
11.88.010 Disclaimer of liability.
The degree of protection required by this division is considered
reasonable for regulatory purposes. The standards set forth herein are minimal
standards and this division does not imply that compliance will ensure that
there will be no unauthorized discharge of hazardous material. This division
shall not create liability on the part of the county, any officer or employee
thereof for any damages that result from reliance on this division or any
administrative decision lawfully made thereunder. All persons handling, storing,
using, processing, and disposing of hazardous materials within the county should
be and are advised to determine to their own satisfaction the level of
protection in addition to that required by this division necessary or desirable
to ensure that there is no unauthorized discharge of hazardous materials. (Ord.
83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)
11.88.020 Guidelines and standards.
Guidelines and standards may be established by the director and shall be
maintained in the office of the director and shall be available to the public.
Such guidelines and standards, in the areas addressed therein, shall serve as an
interpretation of this division. (Ord. 97-0016 § 77, 1997: Ord. 83-0208
§ 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)
11.88.030 Trade secrets.
A. If an applicant or permittee believes that a request for information
made by either the application form or otherwise pursuant to this division
involves the release of a trade secret, the applicant or permittee shall so
notify the director in writing. As used herein, “trade secret” shall
have the meaning given to it by Section 6254(K) of the Government
Code.
B. Subject to the provisions of this section, the director shall
protect from disclosure any trade secret coming into his possession when
requested to do so in writing by the applicant or permittee. Any such trade
secret shall not be disclosed to anyone without the consent of the applicant or
permittee except:
1. To an officer or employee of the county, the CUPA, 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
health, or to contractors with the county and their employees, if in the opinion
of the director such disclosure is necessary and required for the satisfactory
performance of a contract for performance of work or for protection of health;
or
2. To any physician where the physician determines that such information
is necessary to the medical treatment of his or her patient.
C. 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.
D. The provisions of this section shall not permit an
applicant or permittee to refuse to disclose information required pursuant to
this division to the director.
E. The confidential treatment of the identity
of such trade secret disclosed to the county does not apply where there has been
any unauthorized discharge related to such trade secret material which is
reportable in compliance with Chapter 11.76 or where such disclosure arises out
of any official emergency response relating to the facility involving such trade
secret information by public safety personnel of the county. (Ord. 97-0016
§ 78, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1
(part), 1983.)
11.88.050 Conflict with other laws.
Notwithstanding any other provision of this division:
A. If the
facility is required to have an industrial waste disposal permit pursuant to
Title 20, Division 2 of this code, an industrial wastewater discharge permit
pursuant to the wastewater ordinance of the sanitation districts of Los Angeles
County, or an industrial waste disposal permit from any other sewering agency
within the county of Los Angeles, it shall be exempted from the provisions of
this division provided the conditions and limitations of such permit satisfy the
requirements of this division and the director finds that the facility does not
pose a threat to water quality.
B. No provision of this division shall be
construed to supersede any other provisions of this county code. (Ord. 97-0016
§ 80, 1997: Ord. 84-0046 § 8, 1984: Ord. 83-0208 § 1 (part),
1983: Ord. 83-0206U § 1 (part), 1983.)
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