Good afternoon,

We have entered your OPRA request into the OPRA system. Please use tracking # 333357for any correspondence. You will receive a response by 4/14/23.

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Good Afternoon,

The New Jersey Department of Environmental Protection, Office of Record
Access received your Open Public Records Act (OPRA) request on 4/4/23 to
which the above tracking number was assigned. As such, the seven (7)
business day deadline (due date) to respond to your request is 4/14/23.

Your request requires additional time beyond the due date because of the
time required to search for the responsive records. Your request requires
an extension of time until 4/21/23.

Please confirm your acceptance or denial of this request within three (3)
business days by replying to this E-mail. Failure to respond will be
considered an acceptance of the revised due date which includes the three
(3) business days for this response.

Please be advised that by agreeing to the new due date you are not waiving
any of your rights under N.J.S.A. 47:1A-1 et seq.

Thank you,

Michelle Daniels

Michelle Daniels
Records Custodian
Office of Record Access
Tel: (609) 777-0213
Fax: (609) 292-1177
[1][email address] 
[2]NJDEP
[3]NJDEP Facebook pages[4]NJDEP Twitter[5]NJDEP Instragram
pages[6]Discover DEP-YouTube Channel

References

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Good Morning,

A response was issued this morning for you request:

This request has been denied, being overbroad and therefore invalid under OPRA. OPRA does not allow a blanket request for every document a public agency has on file or a wholesale request for general information. Gannett N.J. Partners, LP v. Cty. Of Middlesex, 379 N.J. Super. 205, 212 (App. Div.2005); MAG Entertainment, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534, 549 (App. Div. 2005); Bent v. Twp. Of Stafford Police Department, 381 N.J. Super. 30, 36-37 (App. Div. 2005); Spectraserv, Inc. v. Middlesex Cty. Utils. Auth., 416 N.J.Super. 565, 578 (App. Div. 2010); N.J. Builders Association v. N.J. Council on Affordable Housing, 390 N.J. Super. 166, 178-79 (App. Div. 2007). Requests for correspondence must identify the individuals or accounts to be searched and be confined to a discrete and limited subject matter. Burke v. Brandes, 429 N.J. Super. 169, 176-78 (App. Div. 2012); see also Elcavage v. West Milford Twp. (Passaic), GRC Complaint No. 2009-08 (Apr. 8, 2010) (stating that a proper request for email correspondence must contain “(1) the content and/or subject of the e-mail, (2) the specific date or range of dates during which the e-mail was transmitted or the emails were transmitted, and (3) a valid e-mail request must identify the sender and/or the recipient thereof").

Regards,
Michelle

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Mr. Duff:

The NJDEP has just identified your clarification statement concerning the subject of your interest (i.e., "I just want one email/chain from that day. It is between Andrea Tingey and Michelle McDonald regarding the MLK study.") in your April 14th response to our extension request. The "subject" clarification was not factored in the processing of your request. As such, the NJDEP has re-opened your request and will be issuing a revised response shortly.

Matthew J. Coefer, Chief Records Custodian
NJDEP – Office of Record Access
(609) 633-1339

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Mr. Duff:

Apologies for the delay in emailing you the responsive records. The NJDEP is just waiting for the results of the privilege review conducted by the New Jersey Department of Law & Public Safety's Division of Law. I reached out to them, and they indicated they should be responding to me shortly. As soon as I receive their response, I will provide the records.

Matthew J. Coefer, Chief Records Custodian
NJDEP – Office of Record Access
(609) 633-1339

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Mr. Duff:

Attached is the revised administrative response and responsive records for
the above referenced OPRA request.

Records Custodian Mailbox
NJDEP - Office of Record Access
(609) 341-3121

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[1]NJDEP Facebook pages[2]NJDEP Twitter[3]NJDEP Instragram
pages[4]Discover DEP-YouTube Channel

NOTE: This E-mail is protected by the Electronic Communications Privacy
Act, 18 U.S.C. Sections 2510-2521. This E-Mail and its contents, may be
Privileged & Confidential due to the Attorney-Client Privilege, Attorney
Work Product, and Deliberative Process or under the New Jersey Open Public
Records Act. If you are not the intended recipient of this e-mail, please
notify the sender, delete it and do not read, act upon, print, disclose,
copy, retain or redistribute it.

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