Detroit Water and Sewerage Dept. Contracts with Homrich Wrecking, Inc.

Mr. Beryl Lipton
MuckRock News
DEPT MR 12600
P.O. Box 55819
Boston, MI 02205-5819

Dear Mr. Lipton:

SUBJECT: Request for Disclosure of Official Files

This notice is issued in response to your request for information under the Freedom of Information Act, 1976 PA 442, as amended (FOIA), received on July 17, 2014. You have requested information that you describe as "All contracts between the Detroit Water and Sewerage Department and Homrich Wrecking, Inc. entered into since January 1, 2012."

Please refer to the following tracking code if you have any questions: FOIA 4989-14.

Your request will be forwarded to the following divisions: AQD, RD, RMD, WRD*

You will be contacted by the division(s) on or before: 7/24/2014

The Department of Environmental Quality (DEQ) provides online access to several databases that may contain the information you need. Please click here<http://www.michigan.gov/deq/0,4561,7-135-3304__3304__3304-58024--,00.html> for the website.

Susan Vorce, FOIA Coordinator
Department of Environmental Quality
800-662-9278
deqfoia@michigan.gov<mailto:deqfoia@michigan.gov>

*Abbreviations
AQD - Air Quality Division
RD - Remediation and Redevelopment Division
RMD - Resource Management Group includes Office of Drinking Water and Municipal Assistance, Office of Waste Management and Radiological Protection and Office of Oil, Gas, and Minerals (as appropriate)
WRD - Water Resources Division

The DEQ strives to continually improve its customer service to FOIA requestors. To provide input for improvements to the FOIA process, please complete this survey: https://www.surveymonkey.com/s/foiaprocess

Mr. Beryl Lipton
MuckRock News
DEPT MR 12600
P.O. Box 55819
Boston, MI 02205-5819

Dear Mr. Lipton:

SUBJECT: Request for Disclosure of Official Files -Water Resources Division

This notice is issued in response to your request for information under the Freedom of Information Act, 1976 PA 442, as amended (FOIA), received on July 17, 2014. You have requested information that you describe as "All contracts between the Detroit Water and Sewerage Department and Homrich Wrecking, Inc. entered into since January 1, 2012" (FOIA 4989-14).

The purpose of the FOIA is to provide the public with access to existing, nonexempt public records of public bodies. Your request to examine or receive a copy of the documents described above is denied.

To the best of this public body's knowledge, information, and belief, the public record does not exist under the name given by the requester, or by another name reasonably known to the public body.

Under section 10 of the FOIA, the DEQ is obligated to inform you that you may due the following:

1) Appeal this decision in writing to the Director of the Department of Environmental Quality, P.O. Box 30473, Lansing, Michigan 48909-7973. The writing must specifically state the word "appeal," and must identify the reason or reasons you believe the denial should be reversed. The head of the department, or his designee, must respond to your appeal within 10 days of its receipt. Under unusual circumstances, the time for response to your appeal may be extended by 10 business days.

2) File an action in the appropriate court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, and disbursements, and possible damages.

Susan Vorce, FOIA Coordinator
Department of Environmental Quality
800-662-9278
deqfoia@michigan.gov<mailto:deqfoia@michigan.gov>

The DEQ strives to continually improve its customer service to FOIA requesters. To provide input for improvements to the FOIA process, please complete this survey: https://www.surveymonkey.com/s/foiaprocess

Mr. Beryl Lipton
MuckRock News
DEPT MR 12600
P.O. Box 55819
Boston, MI 02205-5819

Dear Mr. Lipton:

SUBJECT: Request for Disclosure of Official Files

This notice is issued in response to your request for information under the Freedom of Information Act, 1976 PA 442, as amended (FOIA), received on July 17, 2014. You have requested information that you describe as "All contracts between the Detroit Water and Sewerage Department and Homrich Wrecking, Inc. entered into since January 1, 2012."

Please refer to the following tracking code if you have any questions: FOIA 4989-14.
Your request will be forwarded to the following divisions: AQD, RD, RMD, WRD*
You will be contacted by the division(s) on or before: 7/24/2014

The Michigan Department of Environmental Quality (DEQ) receives hundreds of FOIA requests each year, and many of those request a waiver of fees. MCL 15.234(1) allows, but does not require, a public body to waive or reduce a fee if the public body determines that a waiver or reduction of the fee is in the public interest because searching for or furnishing copies of the public record can be considered as primarily benefiting the general public. It is important that state agencies carefully manage their resources in light of the State of Michigan's current budget situation. In general, the DEQ only waives fees for the first $20.00 of the fee, as required under the FOIA, for an individual making a FOIA request when the individual submits an affidavit that he or she is receiving public assistance or states facts showing an inability to pay because of indigency. Therefore, the DEQ FOIA Coordinator has denied your request for a waiver of fees.

The Department of Environmental Quality (DEQ) provides online access to several databases that may contain the information you need. Please click here<http://www.michigan.gov/deq/0,4561,7-135-3304__3304__3304-58024--,00.html> for the website.

Susan Vorce, FOIA Coordinator
Department of Environmental Quality
800-662-9278
deqfoia@michigan.gov<mailto:deqfoia@michigan.gov>

*Abbreviations
AQD - Air Quality Division
RD - Remediation and Redevelopment Division
RMD - Resource Management Group includes Office of Drinking Water and Municipal Assistance, Office of Waste Management and Radiological Protection and Office of Oil, Gas, and Minerals (as appropriate)
WRD - Water Resources Division

The DEQ strives to continually improve its customer service to FOIA requestors. To provide input for improvements to the FOIA process, please complete this survey: https://www.surveymonkey.com/s/foiaprocess

Mr. Beryl Lipton
MuckRock News
DEPT MR 12600
P.O. Box 55819
Boston, MI 02205-5819

Dear Mr. Lipton:

SUBJECT: Request for Disclosure of Official Files - Resource Management Group

This notice is issued in response to your request for information under the Freedom of Information Act, 1976 PA 442, as amended (FOIA), received on July 17, 2014. You have requested information that you describe as "All contracts between the Detroit Water and Sewerage Department and Homrich Wrecking, Inc. entered into since January 1, 2012" (FOIA 4989-14).

The purpose of the FOIA is to provide the public with access to existing, nonexempt public records of public bodies. Your request to examine or receive a copy of the documents described above is denied.

To the best of this public body's knowledge, information, and belief, the public record does not exist under the name given by the requester, or by another name reasonably known to the public body.

Under section 10 of the FOIA, the DEQ is obligated to inform you that you may due the following:

1) Appeal this decision in writing to the Director of the Department of Environmental Quality, P.O. Box 30473, Lansing, Michigan 48909-7973. The writing must specifically state the word "appeal," and must identify the reason or reasons you believe the denial should be reversed. The head of the department, or his designee, must respond to your appeal within 10 days of its receipt. Under unusual circumstances, the time for response to your appeal may be extended by 10 business days.

2) File an action in the appropriate court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, and disbursements, and possible damages.

Susan Vorce, FOIA Coordinator
Department of Environmental Quality
800-662-9278
deqfoia@michigan.gov<mailto:deqfoia@michigan.gov>

The DEQ strives to continually improve its customer service to FOIA requesters. To provide input for improvements to the FOIA process, please complete this survey: https://www.surveymonkey.com/s/foiaprocess

Mr. Beryl Lipton
MuckRock News
DEPT MR 12600
P.O. Box 55819
Boston, MI 02205-5819

Dear Mr. Lipton:

SUBJECT: Request for Disclosure of Official Files - Air Quality Division

This notice is issued in response to your request for information under the Freedom of Information Act, 1976 PA 442, as amended (FOIA), received on July 17, 2014. You have requested information that you describe as "All contracts between the Detroit Water and Sewerage Department and Homrich Wrecking, Inc. entered into since January 1, 2012" (FOIA 4989-14).

The purpose of the FOIA is to provide the public with access to existing, nonexempt public records of public bodies. Your request to examine or receive a copy of the documents described above is denied.

To the best of this public body's knowledge, information, and belief, the public record does not exist under the name given by the requester, or by another name reasonably known to the public body.

Under section 10 of the FOIA, the DEQ is obligated to inform you that you may due the following:

1) Appeal this decision in writing to the Director of the Department of Environmental Quality, P.O. Box 30473, Lansing, Michigan 48909-7973. The writing must specifically state the word "appeal," and must identify the reason or reasons you believe the denial should be reversed. The head of the department, or his designee, must respond to your appeal within 10 days of its receipt. Under unusual circumstances, the time for response to your appeal may be extended by 10 business days.

2) File an action in the appropriate court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, and disbursements, and possible damages.

Susan Vorce, FOIA Coordinator
Department of Environmental Quality
800-662-9278
deqfoia@michigan.gov<mailto:deqfoia@michigan.gov>

The DEQ strives to continually improve its customer service to FOIA requesters. To provide input for improvements to the FOIA process, please complete this survey: https://www.surveymonkey.com/s/foiaprocess

Mr. Beryl Lipton
MuckRock News
DEPT MR 12600
P.O. Box 55819
Boston, MI 02205-5819

Dear Mr. Lipton:

SUBJECT: Request for Disclosure of Official Files -Remediation and Redevelopment Division

This notice is issued in response to your request for information under the Freedom of Information Act, 1976 PA 442, as amended (FOIA), received on July 17, 2014. You have requested information that you describe as "All contracts between the Detroit Water and Sewerage Department and Homrich Wrecking, Inc. entered into since January 1, 2012" (FOIA 4989-14).

The purpose of the FOIA is to provide the public with access to existing, nonexempt public records of public bodies. Your request to examine or receive a copy of the documents described above is denied.

To the best of this public body's knowledge, information, and belief, the public record does not exist under the name given by the requester, or by another name reasonably known to the public body.

Under section 10 of the FOIA, the DEQ is obligated to inform you of the following:

1) Appeal this decision in writing to the Director of the Department of Environmental Quality, P.O. Box 30473, Lansing, Michigan 48909-7973. The writing must specifically state the word "appeal," and must identify the reason or reasons you believe the denial should be reversed. The head of the department, or his designee, must respond to your appeal within 10 days of its receipt. Under unusual circumstances, the time for response to your appeal may be extended by 10 business days.

2) File an action in the appropriate court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, and disbursements, and possible damages.

Susan Vorce, FOIA Coordinator
Department of Environmental Quality
800-662-9278
deqfoia@michigan.gov<mailto:deqfoia@michigan.gov>

The DEQ strives to continually improve its customer service to FOIA requesters. To provide input for improvements to the FOIA process, please complete this survey: https://www.surveymonkey.com/s/foiaprocess

Mr. Beryl C.D. Lipton
MuckRock News
Department MR 12600
P.O. Box 55819
Boston, Massachusetts 02205-5819

Dear Mr. Lipton:

This notice responds to your July 28, 2014, letter, which you designate as an appeal, under the Freedom of Information Act, 1976 PA 442, as amended (FOIA). You are appealing the Department of Environmental Quality's (DEQ's) July, 2014, records don't exist denials regarding "All contracts between the Detroit Water and Sewerage Department and Homrich Wrecking, Inc. entered into since January 1, 2012."

The denial determination is upheld.

Your FOIA request references the Detroit Water and Sewerage Department's Board of Commissioners Meeting Agenda from Wednesday, April 24, 2013[4]. This meeting agenda states "...the Board authorizes the Director to "enter into Contract Number DWS-894, 'Water Shut-off/Turn-on Project" with Homrich Wrecking Inc." The "director" referenced in this specific situation refers to the Director of the Detroit Water and Sewerage Department and not DEQ's Director Dan Wyant. To the best of this public body's knowledge, information, and belief, the public record does not exist under the name given by the requester, or by another name reasonably known to the public body.

Under Section 10 of the FOIA, MCL 15.240, the DEQ is obligated to inform you that you may file an action in the appropriate court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, disbursements, and possible damages. Further, if the court finds the partial denial to be arbitrary and capricious, you may receive punitive damages in the amount of $500.00.

Rich Alexander, Acting Chief

Office of Environmental Assistance

517-284-6858

Mr. Lipton,

I received your message below and I am providing a response to all of your questions. My responses are highlighted below after each question.

Sincerely,

Rich Alexander

Acting Chief,

Office of Environmental Assistance

517-284-6852

alexanderr1@michigan.gov

Thanks for contacting our Department of Environmental Quality, Office of Environmental Assistance.

To help us improve our services, we encourage you to complete our short customer service survey

https://www.surveymonkey.com/s/oeamgmtcs

August 6, 2014

Department of Environmental Quality

FOIA Coordinator

Michigan Department of Environmental Quality P.O. Box 30457 Lansing, MI 48909-7957

This is a follow up to request number 4989-14:

Hello Mr. Alexander,

Thank you for your message.

Last month, I had a conversation with the representative listed on the DWSD page of the DEQ's website (http://www.michigan.gov/deq/0,4561,7-135-3313_3682_3713-298007--,00.html), the purpose of which was to determine the appropriate destination for my request. The recommendation I received was to send my request to the Department of Environmental Quality (which is also recommended by a hyperlink on the same page), as I did.

Given that the existence of the requested contracts has been acknowledged, the initial denial seemed unreasonable. Your latest communication was similarly a cause for confusion, as it also stated: "To the best of this public body's knowledge, information, and belief, the public record does not exist under the name given by the requester, or by another name reasonably known to the public body." However, I have just called the DEQ, and Ms. Peace's clarification was that the DEQ is not in possession of DWSD's contracts. This would support a denial based on the agency's lack of responsive documents, though it does seem unnecessarily misleading to claim ignorance of the record's existence when it would have been more clear to state that such records are managed by either another agency entirely or that, for whatever reason, such a request would need to be directed to the appropriate subdivision within the greater DEQ.

For clarification and more efficient records inquiries and processing for all involved, I am now wondering:

• Is the Detroit Water and Sewerage Department a division of the Department of Environmental Quality?

Response: No, the DWSD is not a division of the DEQ.

• If so, where should requests for contracts involving DWSD be sent?

Response: You must contact the DWSD for this information.

• If so, what types of requests should be sent to the DEQ?

Response: Request for DEQ records should be sent to the DEQ.

• Does the DEQ have a relevant list of agencies under its jurisdiction?

Response: There are no agencies under the DEQ.

• Does the DEQ have a records retention schedule?

Response: Yes, every state agency has a retention schedule for documents.

• If DWSD is not a division of the DEQ, what affiliation does exist between the two such that one would be recommended to submit public records requests to the DEQ?

Response: There is no affiliation between the DWSD and the DEQ regarding public records requests.

Thank you very much for your time. I hope these points can be clarified so that this and future requests can be dealt with more productively.

Enjoy your day,

Beryl C.D. Lipton

---

On Aug. 6, 2014:

Mr. Beryl C.D. Lipton

MuckRock News

Department MR 12600

P.O. Box 55819

Boston, Massachusetts 02205-5819

Dear Mr. Lipton:

This notice responds to your July 28, 2014, letter, which you designate as an appeal, under the Freedom of Information Act, 1976 PA 442, as amended (FOIA). You are appealing the Department of Environmental Quality's (DEQ's) July, 2014, records don't exist denials regarding "All contracts between the Detroit Water and Sewerage Department and Homrich Wrecking, Inc. entered into since January 1, 2012."

The denial determination is upheld.

Your FOIA request references the Detroit Water and Sewerage Department's Board of Commissioners Meeting Agenda from Wednesday, April 24, 2013[4]. This meeting agenda states "...the Board authorizes the Director to "enter into Contract Number DWS-894, 'Water Shut-off/Turn-on Project" with Homrich Wrecking Inc." The "director" referenced in this specific situation refers to the Director of the Detroit Water and Sewerage Department and not DEQ's Director Dan Wyant. To the best of this public body's knowledge, information, and belief, the public record does not exist under the name given by the requester, or by another name reasonably known to the public body.

Under Section 10 of the FOIA, MCL 15.240, the DEQ is obligated to inform you that you may file an action in the appropriate court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, disbursements, and possible damages. Further, if the court finds the partial denial to be arbitrary and capricious, you may receive punitive damages in the amount of $500.00.

Rich Alexander, Acting Chief

Office of Environmental Assistance

517-284-6858

---

On July 28, 2014:

FOIA APPEAL

Director of the Department of Environment Quality P.O. Box 30473 Lansing, Michigan 488909-7973

July 28, 2014

To Whom It May Concern:

This is a formal appeal under Michigan’s Freedom of Information Act.

On Tuesday, July 15, 2014, I submitted a request to the Department of Environmental Quality for “All contracts between the Detroit Water and Sewerage Department and Homrich Wrecking, Inc. entered into since January 1, 2012.” On July 17, I received a message from DEQ’s FOIA Coordinator informing me that my request had been forwarded to the Air Quality Division, the Remediation and Redevelopment Division, the Resource Management Group, and the Water Resources Division. Each division denied my request, stating, “To the best of this public body’s knowledge, information, and belief, the public record does not exist under the name given by the requester, or by another name reasonably known to the public body.”

According to the Official Website of the State of Michigan, the Department of Environmental Quality encompasses the Detroit Water and Sewerage Department (http://www.michigan.gov/deq/0,4561,7-135-3313_3682_3713-298007--,00.html), whose relationship with Homrich Wrecking, Inc. has been widely reported on in recent months (http://www.theatlantic.com/business/archive/2014/07/what-happens-when-detroit-shuts-off-the-water-of-100000-people/374548/). According to the Detroit Water and Sewerage Department’s Board of Water Commissioners Meeting Agenda from Wednesday, April 24, 2013 (http://www.dwsd.org/downloads_n/about_dwsd/bowc/board_meetings/2013_final_agendas/bowc_final_agenda_2013-04-24.pdf), the Board authorized the Director to “enter into Contract No. DWS-894, ‘Water Shut-Off/Turn-On Project’ with Homrich Wrecking, Inc. (Contractor), at a cost not-to-exceed $5,599,999.50 for a duration of 730 calendar days.”

Based upon these facts, I respectfully insist that my initial request be reconsidered and that the search for responsive documents be conducted more broadly and thoroughly.

Sincerely,

Beryl C.D. Lipton

---

On July 25, 2014:

Mr. Beryl Lipton

MuckRock News

DEPT MR 12600

P.O. Box 55819

Boston, MI 02205-5819

Dear Mr. Lipton:

SUBJECT: Request for Disclosure of Official Files -Remediation and Redevelopment Division

This notice is issued in response to your request for information under the Freedom of Information Act, 1976 PA 442, as amended (FOIA), received on July 17, 2014. You have requested information that you describe as "All contracts between the Detroit Water and Sewerage Department and Homrich Wrecking, Inc. entered into since January 1, 2012" (FOIA 4989-14).

The purpose of the FOIA is to provide the public with access to existing, nonexempt public records of public bodies. Your request to examine or receive a copy of the documents described above is denied.

To the best of this public body's knowledge, information, and belief, the public record does not exist under the name given by the requester, or by another name reasonably known to the public body.

Under section 10 of the FOIA, the DEQ is obligated to inform you of the following:

1) Appeal this decision in writing to the Director of the Department of Environmental Quality, P.O. Box 30473, Lansing, Michigan 48909-7973. The writing must specifically state the word "appeal," and must identify the reason or reasons you believe the denial should be reversed. The head of the department, or his designee, must respond to your appeal within 10 days of its receipt. Under unusual circumstances, the time for response to your appeal may be extended by 10 business days.

2) File an action in the appropriate court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, and disbursements, and possible damages.

Susan Vorce, FOIA Coordinator

Department of Environmental Quality

800-662-9278

deqfoia@michigan.gov<mailto:deqfoia@michigan.gov<mailto:deqfoia@michigan.gov%3cmailto:deqfoia@michigan.gov>>

The DEQ strives to continually improve its customer service to FOIA requesters. To provide input for improvements to the FOIA process, please complete this survey: https://www.surveymonkey.com/s/foiaprocess

---

On July 23, 2014:

Mr. Beryl Lipton

MuckRock News

DEPT MR 12600

P.O. Box 55819

Boston, MI 02205-5819

Dear Mr. Lipton:

SUBJECT: Request for Disclosure of Official Files - Air Quality Division

This notice is issued in response to your request for information under the Freedom of Information Act, 1976 PA 442, as amended (FOIA), received on July 17, 2014. You have requested information that you describe as "All contracts between the Detroit Water and Sewerage Department and Homrich Wrecking, Inc. entered into since January 1, 2012" (FOIA 4989-14).

The purpose of the FOIA is to provide the public with access to existing, nonexempt public records of public bodies. Your request to examine or receive a copy of the documents described above is denied.

To the best of this public body's knowledge, information, and belief, the public record does not exist under the name given by the requester, or by another name reasonably known to the public body.

Under section 10 of the FOIA, the DEQ is obligated to inform you that you may due the following:

1) Appeal this decision in writing to the Director of the Department of Environmental Quality, P.O. Box 30473, Lansing, Michigan 48909-7973. The writing must specifically state the word "appeal," and must identify the reason or reasons you believe the denial should be reversed. The head of the department, or his designee, must respond to your appeal within 10 days of its receipt. Under unusual circumstances, the time for response to your appeal may be extended by 10 business days.

2) File an action in the appropriate court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, and disbursements, and possible damages.

Susan Vorce, FOIA Coordinator

Department of Environmental Quality

800-662-9278

deqfoia@michigan.gov<mailto:deqfoia@michigan.gov<mailto:deqfoia@michigan.gov%3cmailto:deqfoia@michigan.gov>>

The DEQ strives to continually improve its customer service to FOIA requesters. To provide input for improvements to the FOIA process, please complete this survey: https://www.surveymonkey.com/s/foiaprocess

---

On July 22, 2014:

Mr. Beryl Lipton

MuckRock News

DEPT MR 12600

P.O. Box 55819

Boston, MI 02205-5819

Dear Mr. Lipton:

SUBJECT: Request for Disclosure of Official Files - Resource Management Group

This notice is issued in response to your request for information under the Freedom of Information Act, 1976 PA 442, as amended (FOIA), received on July 17, 2014. You have requested information that you describe as "All contracts between the Detroit Water and Sewerage Department and Homrich Wrecking, Inc. entered into since January 1, 2012" (FOIA 4989-14).

The purpose of the FOIA is to provide the public with access to existing, nonexempt public records of public bodies. Your request to examine or receive a copy of the documents described above is denied.

To the best of this public body's knowledge, information, and belief, the public record does not exist under the name given by the requester, or by another name reasonably known to the public body.

Under section 10 of the FOIA, the DEQ is obligated to inform you that you may due the following:

1) Appeal this decision in writing to the Director of the Department of Environmental Quality, P.O. Box 30473, Lansing, Michigan 48909-7973. The writing must specifically state the word "appeal," and must identify the reason or reasons you believe the denial should be reversed. The head of the department, or his designee, must respond to your appeal within 10 days of its receipt. Under unusual circumstances, the time for response to your appeal may be extended by 10 business days.

2) File an action in the appropriate court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, and disbursements, and possible damages.

Susan Vorce, FOIA Coordinator

Department of Environmental Quality

800-662-9278

deqfoia@michigan.gov<mailto:deqfoia@michigan.gov<mailto:deqfoia@michigan.gov%3cmailto:deqfoia@michigan.gov>>

The DEQ strives to continually improve its customer service to FOIA requesters. To provide input for improvements to the FOIA process, please complete this survey: https://www.surveymonkey.com/s/foiaprocess

---

On July 18, 2014:

Mr. Beryl Lipton

MuckRock News

DEPT MR 12600

P.O. Box 55819

Boston, MI 02205-5819

Dear Mr. Lipton:

SUBJECT: Request for Disclosure of Official Files

This notice is issued in response to your request for information under the Freedom of Information Act, 1976 PA 442, as amended (FOIA), received on July 17, 2014. You have requested information that you describe as "All contracts between the Detroit Water and Sewerage Department and Homrich Wrecking, Inc. entered into since January 1, 2012."

Please refer to the following tracking code if you have any questions: FOIA 4989-14.

Your request will be forwarded to the following divisions: AQD, RD, RMD, WRD*

You will be contacted by the division(s) on or before: 7/24/2014

The Michigan Department of Environmental Quality (DEQ) receives hundreds of FOIA requests each year, and many of those request a waiver of fees. MCL 15.234(1) allows, but does not require, a public body to waive or reduce a fee if the public body determines that a waiver or reduction of the fee is in the public interest because searching for or furnishing copies of the public record can be considered as primarily benefiting the general public. It is important that state agencies carefully manage their resources in light of the State of Michigan's current budget situation. In general, the DEQ only waives fees for the first $20.00 of the fee, as required under the FOIA, for an individual making a FOIA request when the individual submits an affidavit that he or she is receiving public assistance or states facts showing an inability to pay because of indigency. Therefore, the DEQ FOIA Coordinator has denied your request for a waiver of fees.

The Department of Environmental Quality (DEQ) provides online access to several databases that may contain the information you need. Please click here<http://www.michigan.gov/deq/0,4561,7-135-3304__3304__3304-58024--,00.html> for the website.

Susan Vorce, FOIA Coordinator

Department of Environmental Quality

800-662-9278

deqfoia@michigan.gov<mailto:deqfoia@michigan.gov<mailto:deqfoia@michigan.gov%3cmailto:deqfoia@michigan.gov>>

*Abbreviations

AQD - Air Quality Division

RD - Remediation and Redevelopment Division

RMD - Resource Management Group includes Office of Drinking Water and Municipal Assistance, Office of Waste Management and Radiological Protection and Office of Oil, Gas, and Minerals (as appropriate)

WRD - Water Resources Division

The DEQ strives to continually improve its customer service to FOIA requestors. To provide input for improvements to the FOIA process, please complete this survey: https://www.surveymonkey.com/s/foiaprocess

---

On July 18, 2014:

Mr. Beryl Lipton

MuckRock News

DEPT MR 12600

P.O. Box 55819

Boston, MI 02205-5819

Dear Mr. Lipton:

SUBJECT: Request for Disclosure of Official Files -Water Resources Division

This notice is issued in response to your request for information under the Freedom of Information Act, 1976 PA 442, as amended (FOIA), received on July 17, 2014. You have requested information that you describe as "All contracts between the Detroit Water and Sewerage Department and Homrich Wrecking, Inc. entered into since January 1, 2012" (FOIA 4989-14).

The purpose of the FOIA is to provide the public with access to existing, nonexempt public records of public bodies. Your request to examine or receive a copy of the documents described above is denied.

To the best of this public body's knowledge, information, and belief, the public record does not exist under the name given by the requester, or by another name reasonably known to the public body.

Under section 10 of the FOIA, the DEQ is obligated to inform you that you may due the following:

1) Appeal this decision in writing to the Director of the Department of Environmental Quality, P.O. Box 30473, Lansing, Michigan 48909-7973. The writing must specifically state the word "appeal," and must identify the reason or reasons you believe the denial should be reversed. The head of the department, or his designee, must respond to your appeal within 10 days of its receipt. Under unusual circumstances, the time for response to your appeal may be extended by 10 business days.

2) File an action in the appropriate court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, and disbursements, and possible damages.

Susan Vorce, FOIA Coordinator

Department of Environmental Quality

800-662-9278

deqfoia@michigan.gov<mailto:deqfoia@michigan.gov<mailto:deqfoia@michigan.gov%3cmailto:deqfoia@michigan.gov>>

The DEQ strives to continually improve its customer service to FOIA requesters. To provide input for improvements to the FOIA process, please complete this survey: https://www.surveymonkey.com/s/foiaprocess

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On July 17, 2014:

Hello Ms. Vorce,

Thank you so much for your message. I look forward to hearing from you again.

All the best,

Beryl C.D. Lipton

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On July 17, 2014:

Mr. Beryl Lipton

MuckRock News

DEPT MR 12600

P.O. Box 55819

Boston, MI 02205-5819

Dear Mr. Lipton:

SUBJECT: Request for Disclosure of Official Files

This notice is issued in response to your request for information under the Freedom of Information Act, 1976 PA 442, as amended (FOIA), received on July 17, 2014. You have requested information that you describe as "All contracts between the Detroit Water and Sewerage Department and Homrich Wrecking, Inc. entered into since January 1, 2012."

Please refer to the following tracking code if you have any questions: FOIA 4989-14.

Your request will be forwarded to the following divisions: AQD, RD, RMD, WRD*

You will be contacted by the division(s) on or before: 7/24/2014

The Department of Environmental Quality (DEQ) provides online access to several databases that may contain the information you need. Please click here<http://www.michigan.gov/deq/0,4561,7-135-3304__3304__3304-58024--,00.html> for the website.

Susan Vorce, FOIA Coordinator

Department of Environmental Quality

800-662-9278

deqfoia@michigan.gov<mailto:deqfoia@michigan.gov<mailto:deqfoia@michigan.gov%3cmailto:deqfoia@michigan.gov>>

*Abbreviations

AQD - Air Quality Division

RD - Remediation and Redevelopment Division

RMD - Resource Management Group includes Office of Drinking Water and Municipal Assistance, Office of Waste Management and Radiological Protection and Office of Oil, Gas, and Minerals (as appropriate)

WRD - Water Resources Division

The DEQ strives to continually improve its customer service to FOIA requestors. To provide input for improvements to the FOIA process, please complete this survey: https://www.surveymonkey.com/s/foiaprocess

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On July 15, 2014:

To Whom It May Concern:

Pursuant to Michigan's Freedom of Information Act ("FOIA"), I hereby request the following records:

All contracts between the Detroit Water and Sewerage Department and Homrich Wrecking, Inc. entered into since January 1, 2012

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Beryl Lipton

Filed via MuckRock.com

E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

For mailed responses, please address (see note):

MuckRock News

DEPT MR 12600

PO Box 55819

Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly addressed (i.e., with the requester's name rather than MuckRock News) requests might be returned by the USPS as undeliverable.