Dear NJ DEP Records Custodian,

Request Description

This is a request for government records under the New Jersey Open Public Records Act OPRA N.J.S.A. 47:1A-1 et seq. as amended effective September 3 2024. This request seeks access to existing records only and does not request the creation of new documents. If access is denied in whole or in part please identify the specific statutory exemption for each withholding and produce all reasonably segregable non exempt portions.

Please provide existing government records maintained by the New Jersey Department of Environmental Protection for the period January 1 2025 through November 6 2025 that were received reviewed relied upon or generated by NJDEP in connection with the Borough of Matawan Water Infrastructure Protection Act WIPA emergent conditions application and NJDEP determination dated November 6 2025.

The records requested are limited to the following existing materials. (1) The complete WIPA submission package received by NJDEP from the Borough of Matawan including all attachments exhibits appendices schedules and enclosures in the form received by NJDEP. (2) All internal NJDEP review materials related to the Matawan WIPA application including memoranda analyses summaries notes comment matrices or similar records reflecting NJDEP evaluation of the submission. (3) All correspondence between NJDEP and the Borough of Matawan its officials or its consultants including Remington and Vernick Engineers and any financial advisors concerning the WIPA application review deficiencies requests for clarification or requests for supplemental information. (4) All records reflecting what materials NJDEP relied upon in issuing the November 6 2025 determination including any internal reliance lists checklists or summaries if maintained.

This request seeks only records as they exist and does not require the creation of new analyses explanations summaries or narratives. Responsive records should be produced regardless of format including electronic records such as emails PDFs spreadsheets or native files. If records are maintained electronically please produce them in their native format or a reasonably usable electronic format.

If any portion of a record is exempt from disclosure please redact only the exempt portion and produce the remainder. For each redaction or withholding please identify the specific OPRA exemption relied upon. OPRA requires a response within seven business days of receipt. Failure to grant access or properly request a lawful extension within that period constitutes a deemed denial.

Please provide records electronically by email or secure download link. If a special service charge is asserted please provide an itemized explanation in advance. If records are voluminous please produce them on a rolling basis as they become available.

The requester is a citizen of the United States exercising civil rights under state and federal law including the right to petition government and equal treatment. No rights are waived. OPRA does not require state or local residency.

I have not been convicted of any indictable offense under the laws of New Jersey any other state or the United States. I will not use the records for a commercial purpose. I am not seeking records in connection with a legal proceeding.

Best regards,

John Certo

Dear Mr. Harley,

I am writing to follow up on my request for government records submitted pursuant to the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq., and assigned tracking number 389745, which your office acknowledged on December 23, 2025.

As of today, I have not received any records, partial production, written denial, redaction log, or lawful request for an extension of time. Under N.J.S.A. 47:1A-5.i, a public agency, through its records custodian, is required to grant access to records, deny access with specific statutory citations, or request a lawful extension within seven business days of receipt. Administrative silence or internal processing does not toll OPRA’s statutory response deadline. Absent a timely and statutorily compliant response, the request is deemed denied by operation of law.

For clarity and to preserve the record, this request seeks access only to existing government records maintained by the New Jersey Department of Environmental Protection. It does not request the creation of new records, analyses, summaries, explanations, or narratives, and it does not seek answers to questions. The request further seeks access to all reasonably segregable non exempt portions of responsive records, as required by N.J.S.A. 47:1A-5.g.

If any portion of a responsive record is withheld or redacted, OPRA requires identification of the specific statutory exemption relied upon for each withholding or redaction. Any assertion of privilege, including attorney client privilege, attorney work product, or deliberative process, must be made on a record specific basis. Generalized or blanket assertions are insufficient under OPRA.

This request also seeks records in the form maintained by the agency. To the extent records are maintained electronically, they should be produced electronically in their native format or in a reasonably usable electronic format. I remain willing to accept rolling production as records become available.

If the agency asserts that additional time is required to respond, OPRA requires that any extension be requested in writing, state the specific reason additional time is necessary, and provide a definite anticipated date of response.

I am a private citizen exercising rights guaranteed under New Jersey law. OPRA does not require New Jersey residency, does not require the requester to state a purpose, and does not condition access on the absence of litigation, anticipated litigation, or petitioning activity. No rights are waived.

Please advise promptly as to the current status of this request and when I may expect production of the responsive records. All rights and remedies under OPRA are expressly preserved.

Thank you for your attention.

Best regards,

John Certo