New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 3 - TRADE SECRETS › Section 8:59-3.4 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in
8:59-3.15
, the DOH/DEP shall not disclose any trade secret claim
				and supporting information that is pending or has been approved.
(b) An employer shall report the information for
				which a trade secret claim is being made to the appropriate DOH/DEP in accordance
				with
8:59-3.6
( 7:1G-6.6 ), or maintain this information in
				accordance with the provisions of
8:59-3.6
.
(c) On the Right to Know Survey and the
				environmental survey which the employer sends to county and local government
				agencies and which the employer retains on file at the facility for inspection by an
				enforcement officer or employees, the employer shall conceal or omit information
				claimed to be a trade secret, and shall note on the surveys where information has
				been claimed to be a trade secret.
(d)
				Any Right to Know Survey or environmental survey shall only be made available to the
				public with trade secret information concealed as required in subsection (c) above
				indicating pending or approved trade secret claim status.
(e) All documents containing the information
				claimed to be a trade secret and supporting information shall be submitted to the
				DOH/DEP by certified mail return receipt requested, by personal delivery, or by
				other means that requires verification of receipt, the date of receipt, and the name
				of the person who receives the document at the DOH/DEP. Such documents concerning
				the Right to Know Survey or labeling of containers shall be mailed or delivered to:
Manager, Right to Know Unit
Environmental and Occupational Health Assessment Program
Division of Epidemiology, Environmental and Occupational
				  Health
New Jersey Department of Health
PO Box 368
Trenton, NJ 08625-0368
Such documents concerning the environmental survey shall be mailed
				  or delivered to:
Chief, Office of Pollution Prevention and Right to Know
New Jersey Department of Environmental Protection
Mail Code 22-03C
401 East State Street
PO Box 420
Trenton, NJ 08625- 0420
(f) The top of each page of any document
				containing the information for which a trade secret claim is being made and
				submitted pursuant to (e) above, shall display the word "CONFIDENTIAL" in bold type
				or stamp. If the documents submitted in support of the trade secret claim are to be
				kept confidential, they shall be similarly stamped.
(g) The outside of the envelope containing the
				information claimed to be a trade secret and any other envelopes containing
				information in support of such claim submitted pursuant to (e) above, shall display
				the word "CONFIDENTIAL" in bold type on both sides. This envelope shall be enclosed
				in a plain envelope addressed for mailing.
(h) The DOH/DEP shall determine the validity of a
				trade secret claim when a request is made by any person for the disclosure of the
				information for which the trade secret claim was made and at any time that the
				DOH/DEP deems appropriate. The employer shall be notified before the DOH/DEP makes
				its determination and shall be provided 30 days to submit any information pursuant
				to
8:59-3.6
except when the employer has filed a trade secret claim
				prohibited by
8:59-3.5
. The DOH/DEP shall make its determination on
				a trade secret claim in accordance with the criteria in
8:59-3.9
.
				The DOH/DEP may approve a trade secret claim based on information provided pursuant
				to
8:59-3.6
.
(i) The
				DOH/DEP may revoke an approved trade secret claim upon the receipt of new
				information from any person regarding the information previously submitted by an
				employer pursuant to
8:59-3.6
. In the event of such revocation,
8:59-3.11
and
3.13
shall apply in the same manner
				as where the DOH/DEP rejects a trade secret claim.
(j) Nothing in these regulations shall be
				construed as prohibiting the incorporation of trade secret information into
				cumulations of data subject to disclosure as public records, provided that such
				disclosure is not in a form that would foreseeably allow persons outside the
				DOH/DEP, not otherwise having knowledge of such information, to deduce from it the
				trade secret information, or the identity of the employer who supplied it to the
				DOH/DEP.
(k) Any failure by an employer
				to submit additional information relevant to the trade secret claim requested by the
				DOH/DEP or to allow inspection of its facility by the DOH/DEP for purposes of
				determining the validity of a trade secret claim shall constitute valid cause for
				denial of the trade secret claim.
(l)
				Compliance with this subchapter does not constitute satisfaction of Federal trade
				secret claim requirements for substances exceeding the Federal reporting thresholds
				of Title III of the Superfund Amendments and Reauthorization Act.