Request for Odor Control Documents
Dear New Jersey Department of Environmental Protection,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
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 requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
Pursuant to the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., I hereby request access to and a copy of the draft odor control plan submitted by Johanna Foods, which is currently in the possession of the New Jersey Department of Environmental Protection (NJDEP).
As you are aware, OPRA mandates that government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions only as expressly provided by law. The draft odor control plan in question constitutes a government record as defined under OPRA, and its disclosure is imperative to ensure transparency and public oversight of environmental compliance measures undertaken by Johanna Foods.
According to N.J.S.A. 47:1A-1.1, a “government record” encompasses any document “made, maintained, or kept on file in the course of… official business… or that has been received in the course of… official business.” This definition includes records received by a public agency, such as the draft odor control plan submitted by Johanna Foods to the NJDEP. Therefore, the draft plan falls within the scope of OPRA’s definition of a government record and is subject to public access, barring any specific statutory exemptions.
The NJDEP’s possession of this draft plan obligates its disclosure under OPRA, notwithstanding its preliminary status. The act does not exempt draft documents from public access unless a specific exemption applies, which, to my knowledge, is not the case here. Therefore, I respectfully request that the NJDEP provide access to this document in accordance with the statutory requirements.
Please advise if any fees are associated with this request prior to processing. I anticipate your response within the statutory timeframe of seven business days, as stipulated by OPRA. If you require any clarification or further information to process this request, please do not hesitate to contact me at the information provided above.
Thank you for your attention to this matter and your commitment to upholding the principles of open government and public accountability
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
Yours faithfully,
Fratlawz
Good Morning,
I have manually entered your request into our database. Please use the tracing number 373504 when checking on the status of your request. You should expect a response within seven business days.
Keith Harley
Agency Services Representative
Office of Records Access
401 E. State Street
P.O. Box 420
Mail Code 401-06Q
Trenton, NJ 08625-0420
Phone: 609-940-7004
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.
-----Original Message-----
From: fratlaw <[OPRA #74178 email]>
Sent: Saturday, March 29, 2025 9:17 AM
To: Records, DEP [DEP] <[email address]>
Subject: [EXTERNAL] OPRA request - Request for Odor Control Documents
Dear New Jersey Department of Environmental Protection,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
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 requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
Pursuant to the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., I hereby request access to and a copy of the draft odor control plan submitted by Johanna Foods, which is currently in the possession of the New Jersey Department of Environmental Protection (NJDEP).
As you are aware, OPRA mandates that government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions only as expressly provided by law. The draft odor control plan in question constitutes a government record as defined under OPRA, and its disclosure is imperative to ensure transparency and public oversight of environmental compliance measures undertaken by Johanna Foods.
According to N.J.S.A. 47:1A-1.1, a “government record” encompasses any document “made, maintained, or kept on file in the course of… official business… or that has been received in the course of… official business.” This definition includes records received by a public agency, such as the draft odor control plan submitted by Johanna Foods to the NJDEP. Therefore, the draft plan falls within the scope of OPRA’s definition of a government record and is subject to public access, barring any specific statutory exemptions.
The NJDEP’s possession of this draft plan obligates its disclosure under OPRA, notwithstanding its preliminary status. The act does not exempt draft documents from public access unless a specific exemption applies, which, to my knowledge, is not the case here. Therefore, I respectfully request that the NJDEP provide access to this document in accordance with the statutory requirements.
Please advise if any fees are associated with this request prior to processing. I anticipate your response within the statutory timeframe of seven business days, as stipulated by OPRA. If you require any clarification or further information to process this request, please do not hesitate to contact me at the information provided above.
Thank you for your attention to this matter and your commitment to upholding the principles of open government and public accountability
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
Yours faithfully,
Fratlawz
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Please deliver records electronically via email to the below UNIQUE address for all replies to this request:
[OPRA #74178 email]
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Good afternoon,
The New Jersey Department of Environmental Protection (NJDEP) received
your Open Public Records Act (OPRA) request on 3/31/2025, to which the
above tracking number was assigned. As such, the seven (7) business day
deadline (due date) to respond to your request is 4/9/2025.
Your request requires additional time beyond the due date because of the
time required to search for and/or perform a privilege review of the
responsive records. Pursuant to N.J.S.A. 47:1A-6.g, the NJDEP is
extending the due date of your request to 4/18/2025.
Please be advised that this extension does not waive any of your rights
under N.J.S.A. 47:1A-1 et seq.
Please acknowledge receipt of this extension notification.
Thank you,
Cindy Cantor
Office of Record Access
OPRA Request and Bankruptcy processing section
[1][email address]
401 East State Street, PO Box 420; Mail Code 401-06Q, Trenton, NJ 08625
[2]NJDEP [3]NJDEP Facebook pages [4]NJDEP Twitter-X [5]NJDEP LinkedIn
page [6]NJDEP Instagram pages [7]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.
References
Visible links
1. mailto:[email address]
3. https://www.nj.gov/dep/facebook.html
4. https://twitter.com/NewJerseyDEP
5. https://www.linkedin.com/company/nj-depa...
6. https://www.nj.gov/dep/instagram.html
7. https://www.youtube.com/channel/UC2C01lO...
Dear Cantor, Cynthia [DEP],
All extensions agreed to including any future extensions required.
Yours sincerely,
fratlaw
Thank you.
-----Original Message-----
From: fratlaw <[OPRA #74178 email]>
Sent: Thursday, April 10, 2025 12:03 PM
To: Cantor, Cynthia [DEP] <[email address]>
Subject: [EXTERNAL] Re: OPRA 373504
Dear Cantor, Cynthia [DEP],
All extensions agreed to including any future extensions required.
Yours sincerely,
fratlaw
-----Original Message-----
Good afternoon,
The New Jersey Department of Environmental Protection (NJDEP) received your Open Public Records Act (OPRA) request on 3/31/2025, to which the above tracking number was assigned. As such, the seven (7) business day deadline (due date) to respond to your request is 4/9/2025.
Your request requires additional time beyond the due date because of the time required to search for and/or perform a privilege review of the responsive records. Pursuant to N.J.S.A. 47:1A-6.g, the NJDEP is extending the due date of your request to 4/18/2025.
Please be advised that this extension does not waive any of your rights under N.J.S.A. 47:1A-1 et seq.
Please acknowledge receipt of this extension notification.
Thank you,
Cindy Cantor
Office of Record Access
OPRA Request and Bankruptcy processing section [1][email address]
401 East State Street, PO Box 420; Mail Code 401-06Q, Trenton, NJ 08625
[2]NJDEP [3]NJDEP Facebook pages [4]NJDEP Twitter-X [5]NJDEP LinkedIn page [6]NJDEP Instagram pages [7]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.
References
Visible links
1. mailto:[email address]
3. https://www.nj.gov/dep/facebook.html
4. https://urldefense.com/v3/__https://twit...
5. https://urldefense.com/v3/__https://www....
6. https://www.nj.gov/dep/instagram.html
7. https://urldefense.com/v3/__https://www....
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #74178 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://urldefense.com/v3/__https://opra...
View this OPRA request & responses online:
https://urldefense.com/v3/__https://opra...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
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Good morning,
When the extension notice below was sent, I did not realize that 4/18/2025 was a state holiday and all state offices will be closed. The correct extended due date is 4/21/2025.
Thank you for your understanding.
Sincerely,
Cindy Cantor
-----Original Message-----
From: Cantor, Cynthia [DEP]
Sent: Thursday, April 10, 2025 12:05 PM
To: fratlaw <[OPRA #74178 email]>
Cc: Daniels, Michelle [DEP] <[email address]>
Subject: RE: [EXTERNAL] Re: OPRA 373504
Thank you.
-----Original Message-----
From: fratlaw <[OPRA #74178 email]>
Sent: Thursday, April 10, 2025 12:03 PM
To: Cantor, Cynthia [DEP] <[email address]>
Subject: [EXTERNAL] Re: OPRA 373504
Dear Cantor, Cynthia [DEP],
All extensions agreed to including any future extensions required.
Yours sincerely,
fratlaw
-----Original Message-----
Good afternoon,
The New Jersey Department of Environmental Protection (NJDEP) received your Open Public Records Act (OPRA) request on 3/31/2025, to which the above tracking number was assigned. As such, the seven (7) business day deadline (due date) to respond to your request is 4/9/2025.
Your request requires additional time beyond the due date because of the time required to search for and/or perform a privilege review of the responsive records. Pursuant to N.J.S.A. 47:1A-6.g, the NJDEP is extending the due date of your request to 4/18/2025.
Please be advised that this extension does not waive any of your rights under N.J.S.A. 47:1A-1 et seq.
Please acknowledge receipt of this extension notification.
Thank you,
Cindy Cantor
Office of Record Access
OPRA Request and Bankruptcy processing section [1][email address]
401 East State Street, PO Box 420; Mail Code 401-06Q, Trenton, NJ 08625
[2]NJDEP [3]NJDEP Facebook pages [4]NJDEP Twitter-X [5]NJDEP LinkedIn page [6]NJDEP Instagram pages [7]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.
References
Visible links
1. mailto:[email address]
3. https://www.nj.gov/dep/facebook.html
4. https://urldefense.com/v3/__https://twit...
5. https://urldefense.com/v3/__https://www....
6. https://www.nj.gov/dep/instagram.html
7. https://urldefense.com/v3/__https://www....
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #74178 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://urldefense.com/v3/__https://opra...
View this OPRA request & responses online:
https://urldefense.com/v3/__https://opra...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
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(Do not reply to the sending address of this email as this account is not monitored).
The New Jersey Department of Environmental Protection (NJDEP), has completed processing of your Open Public Records Act (OPRA) record request. The NJDEP response to your request has been attached to this email message.
If you have any questions, please contact the Office of Record Access at (609) 341-3121, or e-mail at: [NJ DEP request email] The assigned OPRA Record Request Tracking #, identified in the Subject Line of this email, will facilitate communications with our office.
Thank you,
NJDEP - Office of Record Access
Task:
5528653 - End of Seven Day Clock