Any records in our possession identified as “confidential business information” or as a “trade secret” will not be disclosed without giving the party raising the claim notice of the request and an opportunity to contest the release of the information. The burden of proving that the information is protected as a trade secret is on the party raising the claim. In order to claim this protection, you must meet the following requirements:
- you must show that you have taken reasonable measures to protect the confidentiality of the information, and that you intend to continue to take such measures;
- the information is not, and has not been, reasonably obtainable without your consent by other persons using legitimate means;
- either:
- you have satisfactorily shown that disclosure of the information is likely to cause substantial harm to your competitive position; or
- the information is voluntarily submitted information and its disclosure would be likely to impair the Government’s ability to obtain necessary information in the future;
- no statute specifically requires disclosure of the information; and
- you have to assert a claim of business confidentiality in writing. You may do so by checking the box below, adding your facility information and submitting along with your reporting forms.
I have read Items 1-5 and am hereby requesting that information submitted on my Recycling Facility Reporting Forms be kept as confidential information.