Grace Ferguson v. Department of Environmental Protection (SPR 20230276)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 16, 2023 SPR23/0276 Rachel M. Cohen Primary Records Access Officer Department of Environmental Protection 100 Cambridge Street, 9th Floor Boston, MA 02114 Dear Ms. Cohen: I have received the petition of Grace Ferguson, of the New Bedford Light, appealing the nonresponse of the Department of Environmental Protection (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 26, 2023, Ms. Ferguson requested the following records for all composting facilities in Westport, Dartmouth, New Bedford, Acushnet, and Fairhaven: [1] Applications for permits[;] [2] Permits and renewed permits[;] [3] Annual reports and certifications[;] [4] Inspection reports and corrective action plans[;] [5] Records showing violations of composting regulations and subsequent enforcement actions[;] [6] Records showing recycling & reuse business development grants given to facilities in the above listed communities[;] Claiming to not yet have received responsive records, Ms. Ferguson petitioned this office and this appeal, SPR23/0276, was opened as a result. Subsequently, I learned that the Department provided a response to Ms. Ferguson on February 14, 2023. Where the basis of this appeal was opened as a result of the Department’s lack of a written response, I will now consider this administrative appeal closed. Ms. Ferguson may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Rachel M. Cohen SPR23/0276 Page 2 February 16, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Grace Ferguson