Files on Waste Incinerators (Revere City Clerk)

Liam Knox filed this request with the Revere City Clerk of Revere, MA.
Multi Request Files on Waste Incinerators
Est. Completion None
Status
No Responsive Documents

Communications

From: Liam Knox


To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

A copy of all environmental impact reports related to the seven waste combustion facilities in Massachusetts: Covanta Haverhill, Covanta of SEMASS, Wheelabrator Millbury, Wheelabrator North Andover, and Wheelabrator Saugus. For the offices of the town and city clerks who are also receiving this request, please limit your search to the facility located within your jurisdiction.

I am also requesting a copy of all emails between department employees and employees of Wheelabrator Technologies from 2000-the present; as well as between department employees and employees of Covanta Energy.

I am also requesting a copy of all contracts between the state or city and Wheelabrator Technologies, as well as all contracts with Covanta Energy.

I would also like a copy of all emails from constituents that include the keywords "waste incinerator," "waste combustion," "Wheelabrator," "Covanta" and/or "waste pollution."

I request that I be properly classified as a news media requester. I am an intern for MuckRock, and I am requesting this information in that editorial capacity. MuckRock is widely known for its investigative work as well as historical pieces based on public records requests.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. 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.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

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 10 business days, as the statute requires.

Sincerely,

Liam Knox

From: Revere City Clerk

Liam Knox
MuckRock News
DEPT MR 70585
411A Highland Ave.
Somerville, MA 02144-2516

Re: Public Records Request - Good Faith Estimate

Dear Mr. Knox:

This letter shall serve as a response and good faith estimate for your public records request dated March 15, 2019.

1. The City of Revere does not have any responsive documents relative to your request for "all environmental impact reports for... Wheelabrator Saugus." Please contact the Massachusetts Department of Environmental Protection for this information.

2. Please see attached agreement between the City of Revere and Wheelabrator Saugus.

3. In accordance with M.G.L. c. 66 § 10(d)(iii), the fee to conduct the search, segregation, and review of the email communications you have requested is $787.29. The search generated 4,019 emails. The City may not charge for the first 2 hours per § 10(d)(iii). The good faith estimate is calculated as 4,019 emails at 30 seconds per email at $25.00 per hour.

Please remit a check to the City Clerk's Office in the amount of $787.29 made payable to the City of Revere along with a copy of this email. Upon receipt of your payment, the City will begin the segregation and review process. Please be advised that the actual cost of producing the records may vary once the City begins preparing your response. Alternatively, you may prefer to narrow your request so as to reduce the number of responsive records.

Pursuant to 950 CMR 32.08(2) and Mass. Gen. Laws ch. 66, §10(b) this determination may be appealed to the Supervisor of Public Records within 90 days.

Very truly yours,

Ashley E. Melnik
City Clerk
Records Access Officer

From: Liam Knox

Hi Ashley,

Thank you!

I would be happy to narrow my request for emails. I'd like a copy of all email communications between Department of Public Works superintendent Paul Argenzio and employees of Wheelabrator Technologies.

I'd also like a copy of all emails sent between Argenzio and members of the Conservation Law Foundation.

Please let me know an updated timeframe/cost for these new parameters when you can.

Best,

Liam Knox

From: Revere City Clerk

Hi Liam:

The initial email search turned up 47 messages.

The City Solicitor is out on bereavement for a few days so I cannot yet provide you with a date that responsive records may be ready. I’ll have him review the emails prior to sending you any responsive records. There is no associated cost as the review process is less than two hours.

Thank you,

Ashley

From: Liam Knox

Thank you so much, Ashley! No worries--just let me know when you have an estimated date of completion.

Best,

Liam

From: Revere City Clerk

Dear Liam:

The City Solicitor has reviewed the 47 emails provided to him by the IT Department. Please see his response below relative to your request.

Very truly yours,

Ashley E. Melnik, City Clerk<mailto:amelnik@revere.org>
Clerk of Council · Justice of the Peace · Notary Public
281 Broadway
Revere, Massachusetts 02151
781-286-8160
[color city seal 300dpi]

{In Massachusetts, the term "public record" is broadly defined to include all documentary materials or data created or received by any officer or employee of any governmental unit, regardless of physical form or characteristics, unless it falls under one of the statutory exemptions to the Public Records Law. G. L. c. 4, § 7(26). Consequently, email is subject to the disclosure, retention, and maintenance provisions as required by law. G. L. c. 66}

From: Liam Knox

Hi Ashley,

Thanks for getting back to me! I can't see any response from the city solicitor though -- can you re-send it?

--Liam

From: Revere City Clerk

Hi Liam:

The City Solicitor Paul Capizzi’s response was as follows:

From: Liam Knox

For some reason, I can't receive his response. If you're forwarding me an email, it may not show up on our online system (it's not really an email inbox). To make it easier, would you mind sending it to my personal email address, liamknox13@gmail.com?

Thank you for your patience!

--Liam

From: Revere City Clerk

Dear Liam:

I have already responded to your April 2nd inquiry. I have sent an email to your MuckRock address on April 2nd and again forwarded a response to your personal email on April 17th.

For your convenience, please see attachment for the email chain.

Very truly yours,

Ashley E. Melnik, City Clerk<mailto:amelnik@revere.org>
Clerk of Council · Justice of the Peace · Notary Public
281 Broadway
Revere, Massachusetts 02151
781-286-8160
[color city seal 300dpi]

{In Massachusetts, the term "public record" is broadly defined to include all documentary materials or data created or received by any officer or employee of any governmental unit, regardless of physical form or characteristics, unless it falls under one of the statutory exemptions to the Public Records Law. G. L. c. 4, § 7(26). Consequently, email is subject to the disclosure, retention, and maintenance provisions as required by law. G. L. c. 66}

From: Liam Knox

Hi,

Now I see the response! No worries--thanks so much for your help with this request! I really appreciate it.

Sincerely,
Liam Knox

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