Environmental Records- 305 Palmer Road
Dear Denville Township,
EnviroSure is completing a Phase I ESA at 305 Palmer Road (Block 40102, Lot 4), Denville Township, Morris County, NJ. In that regard, we are requesting a search of all files pertaining to the property. Especially, underground storage tanks, environmental concerns, building permits and ownership records.
Yours faithfully,
Ailish Donnelly
Good morning:
You had submitted an Open Public Records Act (“OPRA”) request, which was
received by the Records Custodian on February 16, 2023. Please accept
this letter as the Custodian’s response pursuant to OPRA.
Your request sought access to the following:
• Permit History for 305 Palmer Road
• Underground storage Tank Records
• Environmental Records
Portions of your request are overbroad under OPRA. More specifically, the
use of “all files” and “ownership records” are invalid under OPRA because
such language requires interpretation by the custodian to determine what
records might be responsive to the request. See N.J.S.A. 47:1A-1; MAG
Entm’t, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534,
546, 549 (App. Div. 2005) (A valid OPRA request must “identify with . . .
specificity or particularity the government records sought”); Shipyard
Assoc.’s v. City of Hoboken, 2015 WL 10352982, *5 (App. Div. Sept. 15,
2015) (finding use of “any and all” and “not limited to” improper under
OPRA); see also Elcavage v. W. Milford Twp., GRC Complaint No. 2006-64
(May 2008) (“Because OPRA does not require custodians to research files to
discern which records may be responsive to a request, the Custodian had no
legal duty to conduct research to locate records potentially responsive to
the Complainant’s request.”). However, the Township has conducted a
search for the records you have properly identified.
Any questions regarding open permits should be directed to the
Construction Department, 973-625-8300, #6.
Health Records: See Link below
[1]https://app.ebridge.com/ebridge/3.0/webv...
Redactions have been made to phone numbers, emails and SSNs pursuant to
NJSA 47:1A-5.
There are no other records responsive to your OPRA Request. This request
is now deemed complete and closed.
Regards,
Suzanne V. Walsh, RMC
Deputy Municipal Clerk
Township of Denville
1 St. Mary’s Place
Denville, NJ 07834
Ph; (973)625-8300 Ext. 231
Fax: (973) 627-2709
References
Visible links
1. https://app.ebridge.com/ebridge/3.0/webv...