Water Quality Complaints in Albany, Schenectady, and Troy MSA (New York State Department of Health)

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

I am writing to appeal the response to my Freedom of Information Law (FOIL) request, FOIL #: 23-03-198, which I received on March 21, 2023. In the response, it was stated that the Department of Health does not maintain records responsive to my request for 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.

While it was suggested that records of the type I requested may be maintained by local county health departments, I believe it is reasonable to expect that the Department of Health would have records related to water quality complaints and issues within the MSA. As such, I request that my FOIL request be fulfilled by the Department of Health.

If the Department of Health still maintains that they do not have records responsive to my request, I kindly request that you provide a detailed explanation for the denial and inform me of any appeal procedures available under New York State law.

Thank you for your attention to this matter.

Dear Mr. Spellman,

I appreciate your prompt response to my appeal (FOIL Appeal #: 23-03-198) regarding my Freedom of Information Law (FOIL) request for 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.

I understand that the Department of Health (DOH) may not be the primary custodian of the requested records. However, I believe that there are situations in which the DOH should have responsive records, even if it is not the primary custodian for first-line water quality complaints. As you may know, local water districts and county departments of health are typically required to notify the New York State Department of Health (NYSDOH) about water quality issues under certain circumstances, such as:

1. Violations of drinking water standards
2. Waterborne disease outbreaks
3. Public health emergencies related to water quality
4. Boil water advisories or notices
5. Monitoring and reporting violations

Given these situations and the notification requirements, I kindly request any guidance or recommendations on how to obtain any relevant information that the DOH may have access to or be aware of. This may include any communication or coordination between the DOH and the county health departments, any statewide databases or resources that may contain information on water quality complaints, or any other avenues that may be useful in obtaining the information I seek.

Additionally, I would like to note that the speed at which the agency has responded to my requests (in less than 24 hours) raises concerns about whether a diligent search for records has occurred. I request that the DOH conduct a thorough search for any records that may fall within the scope of my request, considering the situations outlined above.

Thank you for your attention to this matter, and I look forward to any guidance you may be able to provide.