Browning, Colin v. Department of Environmental Protection - Bureau of Waste Site Cleanup (SPR 20150874)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords January 5, 2016 SPRlS/874 Ms. Irene J. Lavoie Records Response Coordinator Department of Environmental Protection 20 Riverside Drive Lakeville, MA 02347 Dear Ms. Lavoie: I have received the petition of Colin A. Browning appealing the response of Department of Environmental Protection (MassDEP) to his October 21, 2015 request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Browning requested a number of records "pertaining to the Superseding Order of conditions SE157-528." Mr. Browning received an acknowledgment to this request, dated November 9, 2015. Having received no further response, Mr. Browning petitioned this office. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision ofthe records, or a denial. MassDEP is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequent to the opening of this appeal, a member of my staff contacted you, forwarded a copy ofthis appeal for your review, and communicated with you via email regarding Mr. Browning's requests and other correspondence. Based on a review ofthe file and the conversation between you and my staff it is unclear whether MassDEP has complied with Mr. Browning's request at this time. I left a voicemail message for you on December 31, 2015. In that message I indicated that the MassDEP response was unclear and requested a return call. Accordingly, whereas this administrative appeal was filed due to the lack of timeliness and specificity in the MassDEP response, and further whereas MassDEP has indicated it intends to comply with the provisions of the Public Records Law with a proper response, I will consider this appeal closed with the proviso that the Department provide a revised response to Mr. Browning within ten (10) days. If the Department maintains that any portion of the responsive records are exempt from disclosure it must, within ten (10) days provide to Mr. Browning a written explanation, with OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Irene J. Lavoie SPR15/874 Page Two January 5, 2016 specificity, how a particular exemption applies to each record. To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. If there are any fees associated with this response a written, good faith estimate must be provided. G. L. c. 66, § 10(a); see also 950 C.M.R. 32.06(2) (where cost of complying with a request for public records is expected to exceed ten dollars ($1 0. 00), custodian of records shall provide written good faith estimate). Once the fees are aid, you must provide the responsive records. cc: Mr. Colin A. Browning