Peterson, Mark v. Massachusetts Department of Environmental Protection (SPR 20260574)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 20, 2026 SPR26/0574 Rachel M. Cohen MassDEP Records Manager Massachusetts Department of Environmental Protection 100 Cambridge Street, 9th Floor Boston, MA 02114 Dear Ms. Cohen: I have received the petition of Mark Peterson appealing the nonresponse of the Massachusetts 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 February 2, 2026, Mr. Peterson requested records “related to Marilyn’s Landing / BFI Halifax Landfill (RTN 4- 0028626 and any RTNs associated with Marilyn’s Landing or the BFI Halifax Landfill during the requested period)[.]” Specifically, Mr. Peterson sought the following: [1] Third-Party or Off-Site Scale Usage[:] All records reflecting the use, authorization, acknowledgment, or discussion of third-party or off-site scales for weighing soil or other material destined for Marilyn’s Landing from January 1, 2025 to the present. This includes, but is not limited to, emails, memoranda, field notes, inspection notes, photographs, and internal communications[;] [2] Scale Inoperability or Flooding[:] All records documenting flooding, inoperability, malfunction, or temporary unavailability of the on-site scale house at Marilyn’s Landing during the same period. This includes any records reflecting verification by MassDEP staff of such conditions[;] [3] Reconciliation of Off-Site Weights[:] All records reflecting reconciliation, validation, or incorporation of third-party or off-site scale weights into on-site daily logs, Material Shipping Records (MSRs), Monthly Status Reports, or other compliance documentation[;] [4] LSP Awareness and Coordination[:] All records reflecting notification to, discussion with, or acknowledgment by the Site LSP regarding third-party or off- 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 SPR26/0574 Page 2 February 20, 2026 site scale usage, including any adjustments to inspection, reporting, or verification practices[;] [5] Internal MassDEP Discussion or Review[:] All internal MassDEP communications, notes, or memoranda discussing whether third-party or off-site scale usage was consistent with the approved Soil Reuse Management Plan (SRMP) dated October 13, 2022, the Administrative Consent Order, or associated amendments. This request specifically includes any records discussing whether a formal amendment or modification to the SRMP was required, considered, or deemed unnecessary with respect to the requirement that “The Weigh Scale for all soil shipments is located at the Site[.]” Claiming to not yet have received a response, Mr. Peterson petitioned this office and this appeal, SPR26/0574, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Mr. Peterson with a response to his request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Peterson may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Mark Peterson