RE: [greenyes] any laws requiring public tours of landfills?--Public Records Act???

["Eric Lombardi" <eric@no.address>]

Thanks Toni ? you have some of the best ideas ? and I?m so glad you?re on
this Listserv!

 

Eric

 

 

-----Original Message-----
From: Toni Stein [mailto:tweil@no.address] 
Sent: Thursday, October 06, 2005 10:58 PM
To: Eric Lombardi; greenyes@no.address
Subject: Re: [greenyes] any laws requiring public tours of
landfills?--Public Records Act???

 

Hey Eric--

Here's an idea to leverage your way in--:

 

If the landfill is part owned or operated by the City or County, then you
may be in luck at least if your State has a Public Records Act.    

 

I think you could creatively argue that the landfill itself is a public
record since it's design is a topic of City and County business (since it
goes through siting and permitting)  As a result the actual land is a matter
of business since there are engineering drawings and other specifications
that as it is built it must comply with.  As a result the actual landfill
structure could be considered an entity of significance with respect to
State, or local compliance.  And if State or local inspections occur at the
landfill then the "landfill" would be the subject of a state or local
inspector's inspection report and thus the public should be able to have
access to see the landfill that the inspector communicates about.  

 

http://www.thefirstamendment.org/publicrecordsact.pdf

 

THE BASICS

The Public Records Act is designed to give the

public access to information in possession of

public agencies: : "public records are open to

inspection at all times during the office hours of

the?agency and every person has a right to

inspect any public record, except as . . . provided,

[and to receive] an exact copy? of an

identifiable record unless impracticable 

WHAT?S COVERED

* "Records" include all communications related to

public business "regardless of physical form or

characteristics, including any writing, picture,

sound, or symbol, whether paper,?, magnetic or

other media." (§ 6252(e)) Electronic records are

included, but software may be exempt. (§§

6253.9(a),(g), 6254.9 (a),(d))

 

WHAT MUST HAPPEN

* Access is immediate and allowed at all times

during business hours. (§ 6253(a)) Staff need

not disrupt operations to allow immediate access,

but a decision whether to grant access

must be prompt. An agency may not adopt rules

that limit the hours records are open for viewing

and inspection. (§§ 6253(d); 6253.4(b))

* The agency must provide assistance by helping

to identify records and information relevant to

the request and suggesting ways to overcome

any practical basis for denying access. 

 

Best <http://www.thefirstamendment.org/publicrecordsact.pdf>  

Antoinette "Toni" Stein, PhD
800 Magnolia Street
Menlo Park, CA 94025

Telephone:  650-853-0314
cell:              650-823-7662
tweil@no.address

From: Eric Lombardi <mailto:eric@no.address>  

To: greenyes@no.address 

Sent: Thursday, October 06, 2005 3:46 PM

Subject: [greenyes] any laws requiring public tours of landfills?

 

Does anyone know of any state or local law that requires a landfill to allow
public tours?   

 

Eric Lombardi

Executive Director

Eco-Cycle Inc

303-444-6634

www.ecocycle.org

 

 ?Anything that changes your values, changes your behavior?
George Sheehan.