CalRecycle 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.
CalRecycle 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.). CalRecycle 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 CalRecycle 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 CalRecycle.
Following is the confidentiality claim language found on the comprehensive trip log:
By signing this Comprehensive Trip Log and Receipt, the signer(s) requests that the information provided on this form will be considered confidential, proprietary, and trade secret. In accordance with Title 14, CCR, section 17041 Et. Seq. if a request is made for a disclosure of this information, CalRecycle will contact the signer(s) of this form at the address and telephone number as provided on this form or receipt.
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, CalRecycle 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.