Or. Admin. Code § 340-090-0710 - Proprietary Information

(1) For purposes of ORS 459A.860 to 975"proprietary information" is information protected as a trade secret under the Uniform Trade Secrets Act.

(2) A party providing information to DEQ that it considers proprietary or otherwise confidential must, at the time it provides the information, specify that the information is proprietary or otherwise not subject to disclosure. The claim must be assigned to specific information and not a generalized statement.

(3) DEQ may require at any time that a claimant substantiate its claim that information is proprietary or confidential.

(4) Notwithstanding section 1 of this rule, the following information is not proprietary for purposes of ORS 459A.860 to 975:

(a) Information that is already publicly available and where any potential economic value is derived solely from compilation;

(b) The market shares of producer responsibility organizations;

(c) The list of the top 25 producers in Oregon by market share in alphabetical order, and

(d) The list of end markets of Oregon's waste including the business or person name; city, state, region, and country; identity of the material received by each business or person; and amount received aggregated by destination country, excluding the names of the commingled recycling processing facilities where the waste originated. This data in its disaggregated form is proprietary information per ORS 459A.955(2)(h)(B), but is not proprietary information at the level of aggregation indicated here.

(5) If necessary for the implementation or enforcement of ORS 459A.860 to 975, DEQ may bring proprietary information to the attention of a producer responsibility organization, provided that the producer responsibility organization agrees to treat the information in accordance with the limitations in statute and rule.

(6) If DEQ has made a decision to bring proprietary information to the attention of a producer responsibility organization, DEQ will notify the disclosing party at least seven days prior to sharing the information.

Notes

Or. Admin. Code § 340-090-0710

DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

Statutory/Other Authority: ORS 459A.975 & 468.020

Statutes/Other Implemented: ORS 459A.860 - 459A.975