Water Quality Complaints in Albany, Schenectady, and Troy MSA (New York State Department of Environmental Conservation)
| Tracking # |
W113527-031523 |
| Multi Request | Water Quality Complaints in Albany, Schenectady, and Troy MSA |
| Submitted | March 14, 2023 |
| Est. Completion | April 13, 2023 |
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Communications
From: Jackson Parker
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
I am requesting access to and copies of records related to water quality complaints and issues within the Albany, Schenectady, and Troy Metropolitan Statistical Area (MSA) for the period from January 1, 2018, to the present.
Specifically, I am seeking the following information:
1) The total number of water quality complaints received by your agency/authority/utility, broken down by year.
2) A detailed summary of each water quality complaint, including:
2a. The date of the complaint
2b. The location (address or nearest cross streets) of the complaint
2c. The nature of the complaint (e.g., odor, taste, discoloration, contamination concerns)
2d. Any actions taken by your agency/authority/utility to address the complaint
2e. The resolution or current status of the complaint
3) Any reports, memos, or other documentation related to water quality complaints, investigations, and resolutions within the specified area and timeframe.
If any of this information is available in electronic format, I kindly request that you provide it via email. If physical copies are necessary, please inform me of any copying or postage fees in advance, and I will make arrangements for payment.
If any portion of this request is denied, please provide a detailed explanation for the denial and inform me of any appeal procedures available under New York State law.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Jackson Parker
From: New York State Department of Environmental Conservation
Dear Jackson:
Thank you for your Freedom of Information Law (FOIL) request. Your request has been received and is being processed. Your request was received in this office on 3/15/2023 and given the reference number FOIL #W113527-031523 for tracking purposes. You may expect the Department's response to your request no later than 4/13/2023.
Record Requested: To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
I am requesting access to and copies of records related to water quality complaints and issues within the Albany, Schenectady, and Troy Metropolitan Statistical Area (MSA) for the period from January 1, 2018, to the present.
Specifically, I am seeking the following information:
1) The total number of water quality complaints received by your agency/authority/utility, broken down by year.
2) A detailed summary of each water quality complaint, including:
2a. The date of the complaint
2b. The location (address or nearest cross streets) of the complaint
2c. The nature of the complaint (e.g., odor, taste, discoloration, contamination concerns)
2d. Any actions taken by your agency/authority/utility to address the complaint
2e. The resolution or current status of the complaint
3) Any reports, memos, or other documentation related to water quality complaints, investigations, and resolutions within the specified area and timeframe.
If any of this information is available in electronic format, I kindly request that you provide it via email. If physical copies are necessary, please inform me of any copying or postage fees in advance, and I will make arrangements for payment.
If any portion of this request is denied, please provide a detailed explanation for the denial and inform me of any appeal procedures available under New York State law.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Jackson Parker
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New York State Department of Environmental Conservation, Record Access Office
From: New York State Department of Environmental Conservation
Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov
Date: 03/16/2023
Dear Jackson Parker,
I write regarding your Freedom of Information Law (FOIL) request seeking:
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
I am requesting access to and copies of records related to water quality complaints and issues within the Albany, Schenectady, and Troy Metropolitan Statistical Area (MSA) for the period from January 1, 2018, to the present.
Specifically, I am seeking the following information:
1) The total number of water quality complaints received by your agency/authority/utility, broken down by year.
2) A detailed summary of each water quality complaint, including:
2a. The date of the complaint
2b. The location (address or nearest cross streets) of the complaint
2c. The nature of the complaint (e.g., odor, taste, discoloration, contamination concerns)
2d. Any actions taken by your agency/authority/utility to address the complaint
2e. The resolution or current status of the complaint
3) Any reports, memos, or other documentation related to water quality complaints, investigations, and resolutions within the specified area and timeframe.
If any of this information is available in electronic format, I kindly request that you provide it via email. If physical copies are necessary, please inform me of any copying or postage fees in advance, and I will make arrangements for payment.
If any portion of this request is denied, please provide a detailed explanation for the denial and inform me of any appeal procedures available under New York State law.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
In order for DEC to accurately search for the records you seek, we need you to give us more specific information describing the records. Please provide as much of the following information as you can. Please clarify the type of water that is in question. NOTE: drinking water would be under the Department of Health If we do not receive your reply within one week of the date of this message, your request will be denied, because without the specific information or clarification this message seeks from you, the records are not "reasonably described" within the meaning of Public Officers Law §89(3)(a), and we will close out the request in our system.
If you have any questions, please call me at (518) 402-9522 and refer to FOIL request #W113527-031523, or simply reply to this email. Thank you.
Sincerely,
Records Access
From: Jackson Parker
Dear Records Access Officer,
Thank you for your response regarding my Freedom of Information Law (FOIL) request, reference number W113527-031523. I apologize for any confusion regarding the scope of my request.
To clarify, my request is limited to water quality complaints and issues related to public drinking water within the Albany, Schenectady, and Troy Metropolitan Statistical Area (MSA) for the period from January 1, 2018, to the present.
I believe my original request provided reasonable detail and specificity to allow for an accurate and efficient search for the requested information. The information I requested, including the number of complaints, detailed summaries of each complaint, and related reports and documentation, are all standard and reasonable aspects of a water quality complaints log.
I hope this additional clarification will assist in your search for the requested information. Please let me know if there are any further concerns or questions about my request.
Thank you for your time and attention to this matter.
From: New York State Department of Environmental Conservation
Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov
RE: PUBLIC RECORDS REQUEST of 3/15/2023, Reference # W113527-031523 Date: 04/06/2023 Dear Jackson Parker, I write in response to your Freedom of Information Law (FOIL) request seeking: Pursuant to the New York Freedom of Information Law, I hereby request the following records: I am requesting access to and copies of records related to water quality complaints and issues within the Albany, Schenectady, and Troy Metropolitan Statistical Area (MSA) for the period from January 1, 2018, to the present.
Specifically, I am seeking the following information:
1) The total number of water quality complaints received by your agency/authority/utility, broken down by year.
2) A detailed summary of each water quality complaint, including:
2a. The date of the complaint
2b. The location (address or nearest cross streets) of the complaint
2c. The nature of the complaint (e.g., odor, taste, discoloration, contamination concerns)
2d. Any actions taken by your agency/authority/utility to address the complaint
2e. The resolution or current status of the complaint
3) Any reports, memos, or other documentation related to water quality complaints, investigations, and resolutions within the specified area and timeframe.
Please be advised that a diligent search of the files maintained by DEC produced no responsive records. However, the records you have requested may be maintained by the NYS Department of Health. The contact information for that office is as follows:
* Mail a written request to:
Records Access Office
New York State Department of Health
Corning Tower, Room 2364
Albany, New York 12237-0044
* E-mail a written request to:
foil@health.ny.gov Fax a written request to: (518) 486-9144 If you believe you have been unlawfully denied access to responsive records, you have the right to appeal. Any such appeal must be submitted in writing and within thirty (30) days of the date of this email. Appeals must be directed to: FOIL Appeals Officer
Office of General Counsel
New York State Department of Environmental Conservation
625 Broadway, 14th Floor
Albany, NY 12233-1500 Your FOIL request is now closed. If you need further assistance, please contact the FOIL Unit at (518) 402-9522 and reference FOIL #W113527-031523, or simply reply to this email. Thank you. Sincerely,
Records Access
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 15, 2023. You previously indicated that it would be completed on April 13, 2023. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #W113527-031523.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Department of Environmental Conservation
Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov
Dear Mr. Parker,
Your FOIL request was denied because NYSDEC does not handle water quality complaints. Therefore, NYSDEC has no responsive records. You were provided with the contact information to submit a FOIL request to the NYS Department of Health for responsive records.
You were also provided with information on filing an appeal of the Department's determination, should you wish to do so..
Thank you.
Records Access
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 15, 2023. You had previously indicated that it would be completed on April 13, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #W113527-031523.
Thanks for your help, and let me know if further clarification is needed.
From: Jackson Parker
Subject: Freedom of Information Law (FOIL) Request - Appeal - Reference #W113527-031523
Dear FOIL Appeals Officer,
I am writing to appeal the denial of my Freedom of Information Law (FOIL) request (Reference #W113527-031523) submitted on March 15, 2023. The request sought records related to water quality complaints and issues concerning public drinking water within the Albany, Schenectady, and Troy Metropolitan Statistical Area (MSA) from January 1, 2018, to the present.
In your response on April 7, 2023, you indicated that a diligent search of the files maintained by DEC produced no responsive records and advised that the records I requested may be maintained by the NYS Department of Health. While I understand that the NYS Department of Health or local agencies may be the primary authority for drinking water quality, I believe that NYSDEC may still hold responsive records, as they are likely to be consulted and informed based on various regulations and situations.
The NYSDEC is responsible for managing, protecting, and enhancing the state's environment, which includes oversight of water resources. Some of the key regulations and situations in which local water authorities, county departments of health, and state departments of health may need to share information with the NYSDEC include:
1. State Pollutant Discharge Elimination System (SPDES)
2. Clean Water Act (CWA)
3. Water Withdrawal Reporting
4. Protection of Waters Program
5. Dam Safety Regulations
6. Hazardous Substances Spills
Given the potential regulatory overlap and the likelihood that NYSDEC has been consulted or informed on these issues, I respectfully request that you reconsider your denial and conduct a thorough search for any responsive records within the NYSDEC.
From: New York State Department of Environmental Conservation
Jackson Parker,
Please see the attached FOIL appeal determination letter.
Rebecca Denue
Corporate Bureau Chief
Assistant Counsel, Office of General Counsel
New York State Department of Environmental Conservation
625 Broadway, OGC, 14th Fl., Albany, NY 12233-1500
P: (518) 402-9185 | F: (518) 402-9018 | rebecca.denue@dec.ny.gov<mailto:rebecca.denue@dec.ny.gov>
www.dec.ny.gov<http://www.dec.ny.gov/> | [facebook-icon] <https://www.facebook.com/NYSDEC> | [twiiter-icon] <https://twitter.com/NYSDEC> | [instagram-icon] <https://www.instagram.com/nysdec/>
[cid:image004.png@01D98FAA.53D8A6E0]
This email and any attachments may be privileged Attorney Work Product or otherwise protected. Any unauthorized dissemination of this information may be unlawful. If you have received this e-mail in error please contact the author by e-mail or by phone at 518-402-9185.
From: Jackson Parker
Rebecca Denue, Esq.
FOIL Appeals Officer
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1500
Subject: Response to Denial of Freedom of Information Law Appeal - W113527-031523
Dear Ms. Denue,
I am writing in response to your letter dated May 26, 2023, denying my appeal of the New York State Department of Environmental Conservation's (NYSDEC) response to my Freedom of Information Law (FOIL) request #W113527-031523.
In your response, you stated that my appeal was not received within 30 days of the Department’s initial response and is therefore untimely. However, I would like to point out that the NYSDEC provided additional clarification on their initial response on April 13, 2023. I believe that this clarification effectively changed the nature of the initial response and should be considered as a new starting point for the 30-day period for filing an appeal.
Furthermore, I understand that the NYSDEC does not handle water quality complaints related to drinking water and that these records may be maintained by the NYS Department of Health. However, given the NYSDEC's role in managing, protecting, and enhancing the state's environment, which includes oversight of water resources, it is reasonable to expect that the NYSDEC may have been consulted or informed on these issues.
I kindly request that the NYSDEC conduct a more thorough search for any responsive records within its jurisdiction. The public has a right to this information, and its release is in the public interest.
I have also sought an advisory opinion from the Committee on Open Government regarding this matter. I believe their guidance will be helpful in resolving the issues at hand.
Thank you for your attention to this matter. I look forward to your prompt response.
From: New York State Department of Environmental Conservation
Mr. Parker,
As stated in the Department’s formal response on April 6, 2023, the matter was deemed closed and you were provided 30 days to appeal. The matter was never reopened.
Rebecca Denue
Corporate Bureau Chief
Assistant Counsel, Office of General Counsel
New York State Department of Environmental Conservation
625 Broadway, OGC, 14th Fl., Albany, NY 12233-1500
P: (518) 402-9185 | F: (518) 402-9018 | rebecca.denue@dec.ny.gov<mailto:rebecca.denue@dec.ny.gov>
www.dec.ny.gov<http://www.dec.ny.gov/> | [facebook-icon] <https://www.facebook.com/NYSDEC> | [twiiter-icon] <https://twitter.com/NYSDEC> | [instagram-icon] <https://www.instagram.com/nysdec/>
[cid:image004.png@01D98FC3.D76EFC70]
This email and any attachments may be privileged Attorney Work Product or otherwise protected. Any unauthorized dissemination of this information may be unlawful. If you have received this e-mail in error please contact the author by e-mail or by phone at 518-402-9185.
From: Jackson Parker
Rebecca Denue, Esq.
FOIL Appeals Officer
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1500
Subject: Request for Certification of Diligent Search - Freedom of Information Law Request #W113527-031523
Dear Ms. Denue,
I am writing in response to the New York State Department of Environmental Conservation's (NYSDEC) response to my Freedom of Information Law (FOIL) request #W113527-031523, in which the NYSDEC stated that it does not possess responsive records.
In accordance with the guidance provided by the Committee on Open Government, I understand that when an agency states it does not possess responsive records, it is not considered a denial of access to records. Therefore, there is no denial to appeal, and the questions regarding the appeals timeline are moot in this instance.
However, I am requesting certification from the NYSDEC that it conducted a diligent search for the requested records and did not locate any responsive records. This certification will provide assurance that the NYSDEC has made a good faith effort to locate the requested records.
In addition, I kindly request that the NYSDEC provide details about the steps it took to conduct the search. This could include information about the databases or files it searched, the search terms it used, the individuals it consulted, and any other actions it took to locate the records.
I appreciate your attention to this matter and look forward to your prompt response.
From: New York State Department of Environmental Conservation
I have sent the certification request to the Records Access Office since that is typically handled before, or at the same time, the request is closed and not during the appeal stage.
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