AR solid waste data
| Submitted | Jan. 5, 2022 |
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Communications
From: Leel Dias
To Whom It May Concern:
Pursuant to the Arkansas Freedom of Information Act, I hereby request the following records:
1) Any spreadsheet or database tracking the tonnage of waste brought to each solid waste transfer, recycling, composting, processing, or disposal facility (including landfills and incinerators), with fields sufficient to show the monthly tonnage (or quarterly or annual if monthly is not available), waste type, origin (state, county or municipality, in as much detail as is available), and waste destination if waste was transferred to another location, from the earliest data available in a spreadsheet or database format through the most recent data available. Also, any spreadsheets identifying each aforementioned facility with their owner, operator, address, county, municipality, permit number, facility type, and other non-confidential related information that may be stored in such a system identifying these facilities.
2) Any spreadsheet or database tracking the tonnage of solid waste exported and/or imported broken down by year, type, and destination/origin for all years available in a digital format.
Please note that I am looking for a spreadsheet or database, not PDFs. If data is not available in a spreadsheet or database format, please contact me at [Redacted]
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 3 business days, as the statute requires.
This request is filed by Nicole Kanu, a citizen of Arkansas, in coordination with Leel Dias.
From: Department Of Energy And Environment
Hello,
The Arkansas Freedom of Information Act specifically states that “all public records shall be open to inspection and copying by any citizen of the State of Arkansas.” Ark. Code Ann. § 25-19-105(a)(1)(A).
In the absence of any records demonstrating your citizenship or the appropriate registration of your company to do business in the State of Arkansas, such as registration to pay Corporate Income tax on revenue derived from Arkansas business or registration with the Secretary of State’s Office as a foreign corporation doing business in Arkansas, the Division of Environmental Quality must deny your FOIA requests.
If you are able to provide this information please let me know. Otherwise, your client will need to request these records themselves.
If not, you can find a lot of the information you have requested at https://www.adeq.state.ar.us/home/databases.aspx<https://urldefense.com/v3/__https:/www.adeq.state.ar.us/home/databases.aspx__;!!Pveo!V9ENWtyC_k9jUI4nLRGNQu4AXvXF9ILuIQi4eNZ29Ny-bAd9D_U-48kkUFeNA2gkYA$>.
Thank you,
Madison Pitts | Attorney
Arkansas Energy and Environment | Office of Chief Counsel
5301 Northshore Drive, North Little Rock, AR 72118-5317
t: 501.682.0769| e: madison.pitts@adeq.state.ar.us<mailto:%20madison.pitts@adeq.state.ar.us>
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From: Muckrock Staff
Hello,
Please find Nicole Kanu's proof of residency attached.
Thank you for your help with this request!
Sincerely,
MuckRock
[attachment redacted]
From: Department Of Energy And Environment
Good afternoon,
Unfortunately, I am unable to open the attachment. Please retry sending via PDF or placing the image in the body of the email.
Best,
Madison
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From: Muckrock Staff
Hi Madison,
Sorry about that! Here is a PDF - hopefully this works.
Best,
MuckRock
[attachment redacted]
From: Department Of Energy And Environment
Good afternoon,
See attached records responsive to your request. Please note, DEQ only tracks exported waste (we do NOT track imported waste) with an internally developed database.
The facilities, locations and contacts can be found on our website:
https://www.adeq.state.ar.us/sw/permits/facility_data.aspx
Best,
Madison
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From: Leel Dias
Dear Madison:
The documents you sent are not responsive to my request.
My request was for, "Any spreadsheet or database tracking the tonnage of waste..." and "Any spreadsheet or database tracking the tonnage of solid waste exported...". Please note that I'm requesting this data in spreadsheet or database format.
Can I speak with Department staff about what facilities are required to report, how they report, and how information regarding tonnages of solid waste disposed of is stored? My number is [Redacted].
In terms of the export data, can the "internally developed database" be shared with me (or at the very least, the data within the database -- in spreadsheet or database form -- regarding solid waste exports)? Is the data within this database confidential?
Thank you very much.
From: Department Of Energy And Environment
Good morning,
These are the only records we have responsive to your request. DEQ does not track any of the other information. Under FOIA, DEQ is not required to create a record nor compile a record responsive to your request. The information provided was what we have on our internal database. I can send your number to staff. Should they have the bandwidth, they will give you a call. However, FOIA does not require staff to answer general inquiries.
Best,
Madison Pitts | Attorney
Arkansas Energy and Environment | Office of Chief Counsel
5301 Northshore Drive, North Little Rock, AR 72118-5317
t: 501.682.0769| e: madison.pitts@adeq.state.ar.us<mailto:%20madison.pitts@adeq.state.ar.us>
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From: Leel Dias
Good afternoon:
My original request was for "any spreadsheet or database". The files provided to me were in a portable document format (PDF) and are NOT responsive to my request.
In speaking with Samantha Lucky, I discovered that the tonnage data (provide to me in PDF format) are stored in crystal reports. Therefore, I will accept the relevant crystal reports (data from MSW quarterly reports, industrial quarterly reports, out-of-state haulers quarter reports, and any other related data from solid waste facilities in AR) as "any spreadsheet or database"; providing me with the crystal reports will be responsive to my request. It is my understanding that crystal reports can be shared by sharing the corresponding .rpt files with me (I have the necessary software to read and interpret such files).
Please let me know if you have any questions.
Thanks,
Leel
From: Department Of Energy And Environment
Hello,
The Arkansas FOIA requires that we provide records in a certain format if doing so is reasonable. In this case, the specific record in the specific format you requested, frankly, did not exist because, as Ms. Lucky explained, there is not requirement to keep such information. Staff specifically asked that the Department provide the record I provided because, in their view, it was slightly responsive, although not completely (again, because the record with the information you wanted does not exist). Also under the Arkansas FOIA, E&E is not required to compile or create a record to be responsive to a request. Further, providing what we did have in an excel spreadsheet was not reasonable; PDF doesn’t convert well to excel, as you may be aware. The Department complied with your request to the extent it was able under the law. I specifically asked members of the Office of Land Resources to reach out to you concerning your request.
I hope your conversation with Ms. Lucky concerning our lack of the requested records helpful. I will reach out for the specific files requested below and provide them to you within three business days, as required by law.
Best,
Madison Pitts | Attorney
Arkansas Energy and Environment | Office of Chief Counsel
5301 Northshore Drive, North Little Rock, AR 72118-5317
t: 501.682.0769| e: madison.pitts@adeq.state.ar.us<mailto:%20madison.pitts@adeq.state.ar.us>
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From: Department Of Energy And Environment
See attached.
From: Leel Dias
Thank you for sending this. Using the SAP Crystal Reports 2020 viewer, I was easily able to export these reports to a Microsoft Excel workbook.
I appreciate your assistance with my request.
Sincerely,
Leel
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