Total number of the households using underground septic system and not connected to public sewage
Dear Estell Manor,
Pursuant to the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., I am requesting access to records related to the number of households with septic systems in [Municipality Name].
Specifically, I am requesting:
1. The total number of residential properties that rely on septic systems and not connected to public sewage within the municipality. Septic is also known as Individual Sewage Disposal System (ISDS)
I request these records in digital format (CSV, Excel, or PDF) if available. If the information is maintained in a database, I request an export of relevant fields.
If any portion of this request is denied or redacted, please provide a written explanation citing the specific legal reasons for the denial. If the records are available online, I appreciate guidance on how to access them.
Please advise me of any fees before processing the request if they exceed the standard OPRA fee schedule.
Thank you for your assistance. I look forward to your response within the statutory timeframe of seven business days.
Sincerely,
Email: [email address]
P: 6095402690
Denis Bondarenko
Good afternoon Mr. Bondarenko,
I am writing to get more information from you regarding your OPRA request
below.
While you are not required to use an OPRA form, as of September 2024
requestors are required to provide certain information/responses to 3
statements that are included on our OPRA form (at the end of the
"Requestor Information" section). I have attached a copy of our form;
please either fill out the form completely or respond to the three
statements via email. Please note that the response time period is
“paused” until you have provided the required information to the
custodian.
Also, your request as written below ("The total number of residential
properties that rely on septic systems and not connected to public sewage
within the municipality...") seeks information or asks questions and does
not identify specific government records. As such, your request would be
an invalid OPRA request and would likely be denied. When a request is
“complex” because it fails to specifically identify the documents sought,
then that request is not “encompassed” by OPRA. See New Jersey Builders
Association v. New Jersey Council on Affordable Housing, 390 N.J.Super.
166, 180 (App. Div. 2007). A proper request under OPRA must identify with
reasonable clarity those documents that are desired, and a party cannot
satisfy this requirement by simply requesting all of an agency's
documents. See Bent v. Stafford Police Department, 381 N.J.Super. 30, 37
(App. Div. 2005). Custodians are not required to conduct research or
create new records in response to an OPRA request.
You may want to consider rephrasing your request so that it identifies the
records you are seeking. Please contact me if you have questions or need
additional information. –Lisa
LISA MARCOLONGO, RMC, CMR | City Administrator-Clerk | City of Estell
Manor
148 Cumberland Avenue, Estell Manor, NJ 08319
Email: [1][Estell Manor request email] | Website: [2]www.estellmanor.org
Phone: (609) 476-2692 Ext. 2
Fax: (609) 476-4588
“Small City Charm in the Pines”