Water Quality Complaints in Albany, Schenectady, and Troy MSA (Schenectady County Department Of Health)

To Whom It May Concern:

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

I am requesting access to and copies of records related to water quality complaints and issues within the Albany, Schenectady, and Troy Metropolitan Statistical Area (MSA) for the period from January 1, 2018, to the present.

Specifically, I am seeking the following information:

1) The total number of water quality complaints received by your agency/authority/utility, broken down by year.

2) A detailed summary of each water quality complaint, including:
2a. The date of the complaint
2b. The location (address or nearest cross streets) of the complaint
2c. The nature of the complaint (e.g., odor, taste, discoloration, contamination concerns)
2d. Any actions taken by your agency/authority/utility to address the complaint
2e. The resolution or current status of the complaint

3) Any reports, memos, or other documentation related to water quality complaints, investigations, and resolutions within the specified area and timeframe.

If any of this information is available in electronic format, I kindly request that you provide it via email. If physical copies are necessary, please inform me of any copying or postage fees in advance, and I will make arrangements for payment.

If any portion of this request is denied, please provide a detailed explanation for the denial and inform me of any appeal procedures available under New York State law.

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,

Jackson Parker

Yes - confirmed.

Entire scope of your system. Schenectady county and city would both be inclusive.

Just following up to make sure you are still processing this request.

Subject: FOIL Appeal for Denial of Access - Water Quality Complaints in Albany, Schenectady, and Troy MSA (Schenectady County Department of Health)

Dear Records Access Officer,

I am writing to appeal the constructive denial of access to records that I requested under the New York Freedom of Information Law (FOIL) on March 15, 2023. The request sought records related to water quality complaints and issues within the Albany, Schenectady, and Troy Metropolitan Statistical Area (MSA) from January 1, 2018, to the present. Although my request was acknowledged by Alissa Foster, Deputy Clerk of the Legislature, on March 21, 2023, I have not received the requested records or any further communication from the Schenectady County Department of Health.

As a reminder, my original request sought the following information:

1) The total number of water quality complaints received by your agency/authority/utility, broken down by year.
2) A detailed summary of each water quality complaint, including the date, location, nature of the complaint, any actions taken, and the resolution or current status.
3) Any reports, memos, or other documentation related to water quality complaints, investigations, and resolutions within the specified area and timeframe.

I understand that local water districts in Schenectady County are required to share information with the Schenectady County Department of Health in situations where water quality issues have the potential to impact public health, such as violations of drinking water standards, waterborne disease outbreaks, public health emergencies, boil water advisories or notices, and monitoring and reporting violations.

Additionally, I recognize that local water districts are required to follow both state and federal regulations when providing information about water quality issues to county departments of health, such as the Schenectady County Department of Health. Some of the key regulations include the State Sanitary Code (10 NYCRR Subpart 5-1), New York State Public Health Law, Safe Drinking Water Act (SDWA), and Clean Water Act (CWA).

I followed up on my original request with two subsequent emails on April 14, 2023, and May 1, 2023, requesting a response or an update on the status of my request. However, I have not received any acknowledgment or response from the Schenectady County Department of Health.

The constructive denial of access to the requested records is in violation of FOIL. I respectfully request that you reconsider my request and provide the requested records or a valid explanation for withholding them within ten business days, as required by FOIL.

If my appeal is denied, please provide a written explanation for the denial and inform me of any further appeal procedures available under New York State law.

Thank you for your attention to this matter, and I look forward to receiving your response.