Mosquito Spraying (New York State Department of Environmental Conservation)

Dear UT:

Thank you for your Freedom of Information Law (FOIL) request. Your request has been received and is being processed. Your request was received in this office on 10/1/2023 and given the reference number FOIL #W121617-100123 for tracking purposes. You may expect the Department's response to your request no later than 10/31/2023.

Record Requested: To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

- Emails since 2010 to or from mosquito adulticide and larvicide providers and contractors for the New York City area;
- Emails since 2010 containing one or more of the following non-case-sensitive terms in the subject, to, from, bcc, cc or other metadata field, the body or a combination thereof: "Clarke"; "Anvil"; "DeltaGuard"; "Duet"; "Mosquito"; "Mosquitoes"; "Mosquitos"; "Adulticide"; "Truck Spraying"; "West Nile"; "West Nile Virus"; "Vector control"; "EPA approval"; "Safety Data Sheet"; "SDS"; "Community notice"; "Public notice"; "Aerial spraying"

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 5 business days, as the statute requires.

Sincerely,

UT

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New York State Department of Environmental Conservation, Record Access Office

Track the issue status and respond at: https://newyorkdec.govqa.us/WEBAPP//_rs/RequestEdit.aspx?rid=121617

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Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov
RE: PUBLIC RECORDS REQUEST of 10/1/2023, Reference # W121617-100123 Dear UT UT, In regard to your Freedom of Information Law (FOIL) request of 10/1/2023, be advised that DEC is continuing to process your FOIL request.  We estimate that DEC will complete its process by .  We will notify you in writing when/if the responsive materials are available for release or if more time is required to complete your request. 11/21/2023 If you have any questions in the interim, please call me at (518) 402-9522 and refer to FOIL request #W121617-100123, or simply reply to this email.  Thank you.

Sincerely, Records Access

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Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov
RE: PUBLIC RECORDS REQUEST of 10/1/2023, Reference # W121617-100123

Dated: 11/20/2023 Dear UT, I write in response to your Freedom of Information Law (FOIL) request seeking: Pursuant to the New York Freedom of Information Law, I hereby request the following records:
- Emails since 2010 to or from mosquito adulticide and larvicide providers and contractors for the New York City area;
- Emails since 2010 containing one or more of the following non-case-sensitive terms in the subject, to, from, bcc, cc or other metadata field, the body or a combination thereof: "Clarke"; "Anvil"; "DeltaGuard"; "Duet"; "Mosquito"; "Mosquitoes"; "Mosquitos"; "Adulticide"; "Truck Spraying"; "West Nile"; "West Nile Virus"; "Vector control"; "EPA approval"; "Safety Data Sheet"; "SDS"; "Community notice"; "Public notice"; "Aerial spraying"
The requested documents will be made available to the general public, and this request is not being made for commercial purposes. To enable an effective search of Department records, Public Officers Law Sec. 89.3 requires that a request reasonably describe the records sought.  Department staff is unable to search for potentially responsive records based upon the terms of your request. This request cannot be responded to as DEC does not have a recordkeeping system for pesticide businesses that contains data for filtering the content according to the category of pesticide use/application the business engages in, and DEC’s email system has no feature that categorizes either names or email addresses by whether the external sender or recipient is a pesticide business that engages the application of pesticides in a particular category of pesticide use, such adulticides or larvicides. Accordingly, your request is denied. If you believe you have been unlawfully denied access to records, you have the right to appeal.  Any such appeal must be submitted in writing and within thirty (30) days of the date of this email.  Appeals must be directed to: FOIL Appeals Officer
Office of General Counsel
New York State Department of Environmental Conservation
625 Broadway, 14th Floor
Albany, NY 12233-1500 Your FOIL request is now closed.  Please reference FOIL # W121617-100123 in all future correspondence concerning this request.  Thank you. For additional information not requiring additional document requests or an appeal, please contact DEC’s Office of Media Relations at (518) 402-8000 / press.office@dec.ny.gov. (mailto:press.office@dec.ny.gov) Sincerely, Records Access Office