Dear Atlantic County,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:

1) Documentation of Atlantic County’s most recent tipping fee rate schedule/solid waste disposal fees.

2) Documentation of any policy outlining from who or where Atlantic county will accept waste from outside of the county to be disposed of within Atlantic county.

3) Any spreadsheet or database tracking the tonnage of waste brought to each municipal waste transfer, recycling, composting, processing, or disposal facility (including landfills and incinerators) within Atlantic county, with fields sufficient to show the monthly tonnage (or annual if monthly is not available), waste type, and origin (state, county or municipality, in as much detail as is available) 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.

For purposes of this request, the term "records" means information of any kind, including, but not limited to, documents (handwritten, typed, electronic or otherwise produced, reproduced, or stored), letters, e-mails, text messages, facsimiles, memoranda, correspondence, notes, databases, drawings, graphs, charts, photographs, maps, forms, minutes of meetings, electronic and magnetic recordings, and any other compilation of data from which information can be obtained, no matter the media upon which it is stored or whether communications took place on public or private electronic devices or phone or email accounts.

If the Municipality believes the records exist that are responsive to this request, but those records or portions of those records are believed to be exempt from disclosure, please identify the records that are being withheld. Please state the basis for the denial for each record being withheld including statute, regulation or court decision. Please cite that law or case, including the specific section or sections you rely upon, in your written response. In addition, please provide the nonexempt portion of the records.

If the Municipality does not possess or control these records but knows or believes that another entity does, please forward this request to the appropriate person and inform me that you have done so.

N.J.S.A.47:1A-5(d) states: "A custodian shall permit access to a government record and provide a copy thereof in the medium requested if the public agency maintains the record in that medium. If the public agency does not maintain the record in the medium requested, the custodian shall either convert the record to the medium requested or provide a copy in some other meaningful medium." Pursuant to 47:1A-5(d), please provide the records in searchable, commonly-available electronic formats, such as text or HTML formatted emails, PDF files, CSV spreadsheets, or Microsoft Office formats. Files already in any of these formats are requested to be provided in their native formats for ease of use and for minimal burden on Municipality staff. Please know that electronic records that are printed and scanned, making them unsearchable will be deemed a denial of this request and will leave the Municipality subject to legal appeal.

I ask that the fees be waived in accordance with N.J.S.A.47:1A-5(b) which states: “Access to electronic records and non-printed materials shall be provided free of charge.”

Please provide these records here. If files are unusually large, please consult me to arrange the least-cost method for transmitting the files. I will only accept paper copies of files that do not exist in readable electronic formats.

Please respond within 7 business days per N.J.S.A. 47:1A-5(i). Please transmit the materials to me as they become available, rather than wait for all records to become available to dispense. If you have any questions regarding this request, please contact me.

Finally, please confirm receipt of this Open Public Records Act request.

Yours faithfully,

Vanessa Levy

Goloff_Rachel, Atlantic County

CUSTODIAN RESPONSE TO OPRA REQUEST 513-2021

 

July 13, 2021

 

You have submitted an Open Public Records Request and have indicated your
preferred method of delivery is email.

 

Your request:

1) Documentation of Atlantic County’s most recent tipping fee rate
schedule/solid waste disposal fees.

2) Documentation of any policy outlining from who or where Atlantic county
will accept waste from outside of the county to be disposed of within
Atlantic county.

3) Any spreadsheet or database tracking the tonnage of waste brought to
each municipal waste transfer, recycling, composting, processing, or
disposal facility (including landfills and incinerators) within Atlantic
county, with fields sufficient to show the monthly tonnage (or annual if
monthly is not available), waste type, and origin (state, county or
municipality, in as much detail as is available) 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.

 

Please be advised that the County of Atlantic does not create/maintain the
records you are requesting.  The records you are requesting are likely
maintained by the Atlantic County Utilities Authority. They have their own
Records Custodian, Brian Lefke. I have cc’d him on this email.

 

Sincerely,

 

Rachel K. Goloff, Esq.

Assistant County Counsel

Atlantic County Department of Lavw

1333 Atlantic Avenue, 8th Floor

Atlantic City, NJ

P: 609-345-6700 Ext. 2464

F: 609-343-2373

Brian Lefke,

1 Attachment

Question 1 – See Section 2. DISPOSAL OPTIONS AND USER FEES contained in
the link below.

 

[1]http://www.acua.com/uploadedFiles/Site/D...

 

Question 2 – See Section 8. PROHIBITED WASTE, VIOLATION SURCHARGES, SOLID
WASTE REGULATIONS AND ENFORCEMENT contained in the link above.

 

Question 3-  See 2021 ORIGIN REPORT attached.

 

Brian Lefke

Custodian of Records

 

 

From: Goloff_Rachel <[email address]>
Sent: Tuesday, July 13, 2021 10:06 AM
To: [OPRA #24542 email]
Cc: Hernandez_Dulce <[email address]>; DelRosso_Jerry
<[email address]>; Brian Lefke <[email address]>
Subject: CUSTODIAN RESPONSE TO OPRA REQUEST 513-2021

 

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WARNING:  External Email - This email originated from outside of the
Atlantic County Utilities Authority.
DO NOT CLICK links or attachments unless you recognize the sender and are
expecting the email.

══════════════════════════════════════════════════════════════════════════

CUSTODIAN RESPONSE TO OPRA REQUEST 513-2021

 

July 13, 2021

 

You have submitted an Open Public Records Request and have indicated your
preferred method of delivery is email.

 

Your request:

1) Documentation of Atlantic County’s most recent tipping fee rate
schedule/solid waste disposal fees.

2) Documentation of any policy outlining from who or where Atlantic county
will accept waste from outside of the county to be disposed of within
Atlantic county.

3) Any spreadsheet or database tracking the tonnage of waste brought to
each municipal waste transfer, recycling, composting, processing, or
disposal facility (including landfills and incinerators) within Atlantic
county, with fields sufficient to show the monthly tonnage (or annual if
monthly is not available), waste type, and origin (state, county or
municipality, in as much detail as is available) 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.

 

Please be advised that the County of Atlantic does not create/maintain the
records you are requesting.  The records you are requesting are likely
maintained by the Atlantic County Utilities Authority. They have their own
Records Custodian, Brian Lefke. I have cc’d him on this email.

 

Sincerely,

 

Rachel K. Goloff, Esq.

Assistant County Counsel

Atlantic County Department of Lavw

1333 Atlantic Avenue, 8th Floor

Atlantic City, NJ

P: 609-345-6700 Ext. 2464

F: 609-343-2373

References

Visible links
1. http://www.acua.com/uploadedFiles/Site/D...