Mr. Beck.

I am in receipt of your Open Public Records Request dated July 6, 2020 for
the following records pertaining to 800 Highway 71 (Block 69 Lot 15). In
that regard, we are requesting a search of all environmental files
pertaining to the property. We are especially interested in files related
to underground storage tank registration/ removal, environmental
compliance reports, and environmental emergency response files.  

My response is in bold. 

This is not a request for a government record.  OPRA does not require
record custodians to conduct research among its records for a requestor
and correlate data from various government records in the custodian's
possession. (if such information or records exist) OPRA only allows
requests for records, not requests for information, and therefore, it is
incumbent on the requestor to perform any correlations and analysis it may
desire.

Such an open-ended demand required the records custodian to manually
search through all of the Board’s files, analyze, compile and collate the
information which might be contained therein.   Further, once the specific
records were identified, the records custodian would then be required to
evaluate, sort out, and determine the documents to be produced and those
otherwise exempted. While OPRA provides significant access to governmental
records, your request is not a proper one as it is broad-based demand for
research and analysis of content which is not a public records request.

The construction department is able to review permits issued by block and
lot numbers dating back to 1994 only.  We have reviewed the construction
records for the two properties and have found no permits related to
removal of an underground storage tank. 

Please be advised that N.J.S.A. 47:1A-6 provides that a person who is
denied access to a government record by the custodian of the record, at
the option of the requestor, may institute a proceeding to challenge the
custodian's decision by filing an action in Superior Court which shall be
heard in the vicinage where it is filed by a Superior Court Judge who has
been designated to hear such cases because of that judge's knowledge and
expertise in matters relating to access to government records; or in lieu
of filing an action in Superior Court, file a complaint with the
Government Records Council established pursuant to N.J.S.A. 47:1A-7.

The right to institute any proceeding shall be solely that of the
requestor. Any such proceeding shall proceed in a summary or expedited
manner. The public agency shall have the burden of proving that the denial
of access is authorized by law. If it is determined that access has been
improperly denied, the court or agency head shall order that access be
allowed. A requestor who prevails in any proceeding shall be entitled to a
reasonable attorney's fee.

Very truly yours,

 Janine Gillis

Borough Clerk  

Janine Gillis, RMC, CMR
Borough Clerk
Assistant Borough Administrator
Certified Municipal Registrar
Borough of Spring Lake Heights
555 Brighton Avenue
Spring Lake Heights, New Jersey  07762
 
732.449.3500 phone
732.449.3535 fax

Mr. Beck
I am in receipt of your additional Open Public Records Request dated July
14, 2020 for the following: 
We are specifically looking for tank registrations or removals,
sewer/water connections, environmental reports, fires, COIs, change in
zoning.
1) tank registrations or removals -  Your initial request included
underground storage tank registration/ removal, my reply then and still
remains today that the construction department has the ability to provide
permit information back to 1994, they have reviewed their records and have
no record/permit of an underground storage tank registration or removal. 
2) sewer/water connections - Attached you will find an Order for Sewer
House Connection for the property located at 800 State Highway 71.  There
is no responsive record with regard to water connection.
3) environmental reports - A review of the Borough's Hazardous Discharge
file found no responsive records..
4) fires - Attached is a list of fire calls made to 800 Highway 71.
5) COIs - I do not know what this means. If you are referring to
Certificate of Insurance, there is no responsive record.
 
6) change in zoning  This is not a request for a public record.

Please be advised that N.J.S.A. 47:1A-6 provides that a person who is
denied access to a government record by the custodian of the record, at
the option of the requestor, may institute a proceeding to challenge the
custodian's decision by filing an action in Superior Court which shall be
heard in the vicinage where it is filed by a Superior Court Judge who has
been designated to hear such cases because of that judge's knowledge and
expertise in matters relating to access to government records; or in lieu
of filing an action in Superior Court, file a complaint with the
Government Records Council established pursuant to N.J.S.A. 47:1A-7.

The right to institute any proceeding shall be solely that of the
requestor. Any such proceeding shall proceed in a summary or expedited
manner. The public agency shall have the burden of proving that the denial
of access is authorized by law. If it is determined that access has been
improperly denied, the court or agency head shall order that access be
allowed. A requestor who prevails in any proceeding shall be entitled to a
reasonable attorney's fee.

Very truly yours,

 Janine Gillis

Janine Gillis, RMC, CMR
Borough Clerk
Assistant Borough Administrator
Certified Municipal Registrar
Borough of Spring Lake Heights
555 Brighton Avenue
Spring Lake Heights, New Jersey  07762
 
732.449.3500 phone
732.449.3535 fax

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